HB0350 Enrolled LRB094 05157 RLC 35198 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Unified Code of Corrections is amended by
5 changing Sections 3-3-7, 3-3-9, 3-14-2, 5-6-3, 5-6-3.1, and
6 5-6-4 and by adding Article 17 to Chapter III as follows:
 
7     (730 ILCS 5/3-3-7)  (from Ch. 38, par. 1003-3-7)
8     Sec. 3-3-7. Conditions of Parole or Mandatory Supervised
9 Release.
10     (a) The conditions of parole or mandatory supervised
11 release shall be such as the Prisoner Review Board deems
12 necessary to assist the subject in leading a law-abiding life.
13 The conditions of every parole and mandatory supervised release
14 are that the subject:
15         (1) not violate any criminal statute of any
16     jurisdiction during the parole or release term;
17         (2) refrain from possessing a firearm or other
18     dangerous weapon;
19         (3) report to an agent of the Department of
20     Corrections;
21         (4) permit the agent to visit him or her at his or her
22     home, employment, or elsewhere to the extent necessary for
23     the agent to discharge his or her duties;
24         (5) attend or reside in a facility established for the
25     instruction or residence of persons on parole or mandatory
26     supervised release;
27         (6) secure permission before visiting or writing a
28     committed person in an Illinois Department of Corrections
29     facility;
30         (7) report all arrests to an agent of the Department of
31     Corrections as soon as permitted by the arresting authority
32     but in no event later than 24 hours after release from

 

 

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1     custody;
2         (7.5) if convicted of a sex offense as defined in the
3     Sex Offender Management Board Act, the individual shall
4     undergo and successfully complete sex offender treatment
5     conducted in conformance with the standards developed by
6     the Sex Offender Management Board Act by a treatment
7     provider approved by the Board;
8         (7.6) if convicted of a sex offense as defined in the
9     Sex Offender Management Board Act, refrain from residing at
10     the same address or in the same condominium unit or
11     apartment unit or in the same condominium complex or
12     apartment complex with another person he or she knows or
13     reasonably should know is a convicted sex offender or has
14     been placed on supervision for a sex offense; the
15     provisions of this paragraph do not apply to a person
16     convicted of a sex offense who is placed in a Department of
17     Corrections licensed transitional housing facility for sex
18     offenders, or is in any facility operated or licensed by
19     the Department of Children and Family Services or by the
20     Department of Human Services, or is in any licensed medical
21     facility;
22         (8) obtain permission of an agent of the Department of
23     Corrections before leaving the State of Illinois;
24         (9) obtain permission of an agent of the Department of
25     Corrections before changing his or her residence or
26     employment;
27         (10) consent to a search of his or her person,
28     property, or residence under his or her control;
29         (11) refrain from the use or possession of narcotics or
30     other controlled substances in any form, or both, or any
31     paraphernalia related to those substances and submit to a
32     urinalysis test as instructed by a parole agent of the
33     Department of Corrections;
34         (12) not frequent places where controlled substances
35     are illegally sold, used, distributed, or administered;
36         (13) not knowingly associate with other persons on

 

 

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1     parole or mandatory supervised release without prior
2     written permission of his or her parole agent and not
3     associate with persons who are members of an organized gang
4     as that term is defined in the Illinois Streetgang
5     Terrorism Omnibus Prevention Act;
6         (14) provide true and accurate information, as it
7     relates to his or her adjustment in the community while on
8     parole or mandatory supervised release or to his or her
9     conduct while incarcerated, in response to inquiries by his
10     or her parole agent or of the Department of Corrections;
11     and
12         (15) follow any specific instructions provided by the
13     parole agent that are consistent with furthering
14     conditions set and approved by the Prisoner Review Board or
15     by law, exclusive of placement on electronic detention, to
16     achieve the goals and objectives of his or her parole or
17     mandatory supervised release or to protect the public.
18     These instructions by the parole agent may be modified at
19     any time, as the agent deems appropriate.
20     (b) The Board may in addition to other conditions require
21 that the subject:
22         (1) work or pursue a course of study or vocational
23     training;
24         (2) undergo medical or psychiatric treatment, or
25     treatment for drug addiction or alcoholism;
26         (3) attend or reside in a facility established for the
27     instruction or residence of persons on probation or parole;
28         (4) support his dependents;
29         (5) (blank);
30         (6) (blank);
31         (7) comply with the terms and conditions of an order of
32     protection issued pursuant to the Illinois Domestic
33     Violence Act of 1986, enacted by the 84th General Assembly,
34     or an order of protection issued by the court of another
35     state, tribe, or United States territory; and
36         (8) in addition, if a minor:

 

 

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1             (i) reside with his parents or in a foster home;
2             (ii) attend school;
3             (iii) attend a non-residential program for youth;
4         or
5             (iv) contribute to his own support at home or in a
6         foster home.
7     (b-1) In addition to the conditions set forth in
8 subsections (a) and (b), persons required to register as sex
9 offenders pursuant to the Sex Offender Registration Act, upon
10 release from the custody of the Illinois Department of
11 Corrections, may be required by the Board to comply with the
12 following specific conditions of release:
13         (1) reside only at a Department approved location;
14         (2) comply with all requirements of the Sex Offender
15     Registration Act;
16         (3) notify third parties of the risks that may be
17     occasioned by his or her criminal record;
18         (4) obtain the approval of an agent of the Department
19     of Corrections prior to accepting employment or pursuing a
20     course of study or vocational training and notify the
21     Department prior to any change in employment, study, or
22     training;
23         (5) not be employed or participate in any volunteer
24     activity that involves contact with children, except under
25     circumstances approved in advance and in writing by an
26     agent of the Department of Corrections;
27         (6) be electronically monitored for a minimum of 12
28     months from the date of release as determined by the Board;
29         (7) refrain from entering into a designated geographic
30     area except upon terms approved in advance by an agent of
31     the Department of Corrections. The terms may include
32     consideration of the purpose of the entry, the time of day,
33     and others accompanying the person;
34         (8) refrain from having any contact, including written
35     or oral communications, directly or indirectly, personally
36     or by telephone, letter, or through a third party with

 

 

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1     certain specified persons including, but not limited to,
2     the victim or the victim's family without the prior written
3     approval of an agent of the Department of Corrections;
4         (9) refrain from all contact, directly or indirectly,
5     personally, by telephone, letter, or through a third party,
6     with minor children without prior identification and
7     approval of an agent of the Department of Corrections;
8         (10) neither possess or have under his or her control
9     any material that is sexually oriented, sexually
10     stimulating, or that shows male or female sex organs or any
11     pictures depicting children under 18 years of age nude or
12     any written or audio material describing sexual
13     intercourse or that depicts or alludes to sexual activity,
14     including but not limited to visual, auditory, telephonic,
15     or electronic media, or any matter obtained through access
16     to any computer or material linked to computer access use;
17         (11) not patronize any business providing sexually
18     stimulating or sexually oriented entertainment nor utilize
19     "900" or adult telephone numbers;
20         (12) not reside near, visit, or be in or about parks,
21     schools, day care centers, swimming pools, beaches,
22     theaters, or any other places where minor children
23     congregate without advance approval of an agent of the
24     Department of Corrections and immediately report any
25     incidental contact with minor children to the Department;
26         (13) not possess or have under his or her control
27     certain specified items of contraband related to the
28     incidence of sexually offending as determined by an agent
29     of the Department of Corrections;
30         (14) may be required to provide a written daily log of
31     activities if directed by an agent of the Department of
32     Corrections;
33         (15) comply with all other special conditions that the
34     Department may impose that restrict the person from
35     high-risk situations and limit access to potential
36     victims.

 

 

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1     (c) The conditions under which the parole or mandatory
2 supervised release is to be served shall be communicated to the
3 person in writing prior to his release, and he shall sign the
4 same before release. A signed copy of these conditions,
5 including a copy of an order of protection where one had been
6 issued by the criminal court, shall be retained by the person
7 and another copy forwarded to the officer in charge of his
8 supervision.
9     (d) After a hearing under Section 3-3-9, the Prisoner
10 Review Board may modify or enlarge the conditions of parole or
11 mandatory supervised release.
12     (e) The Department shall inform all offenders committed to
13 the Department of the optional services available to them upon
14 release and shall assist inmates in availing themselves of such
15 optional services upon their release on a voluntary basis.
16 (Source: P.A. 92-460, eff. 1-1-02; 93-616, eff. 1-1-04; 93-865,
17 eff. 1-1-05.)
 
18     (730 ILCS 5/3-3-9)  (from Ch. 38, par. 1003-3-9)
19     Sec. 3-3-9. Violations; changes of conditions; preliminary
20 hearing; revocation of parole or mandatory supervised release;
21 revocation hearing.
22     (a) If prior to expiration or termination of the term of
23 parole or mandatory supervised release, a person violates a
24 condition set by the Prisoner Review Board or a condition of
25 parole or mandatory supervised release under Section 3-3-7 of
26 this Code to govern that term, the Board may:
27         (1) continue the existing term, with or without
28     modifying or enlarging the conditions; or
29         (2) parole or release the person to a half-way house;
30     or
31         (3) revoke the parole or mandatory supervised release
32     and reconfine the person for a term computed in the
33     following manner:
34             (i) (A) For those sentenced under the law in effect
35         prior to this amendatory Act of 1977, the recommitment

 

 

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1         shall be for any portion of the imposed maximum term of
2         imprisonment or confinement which had not been served
3         at the time of parole and the parole term, less the
4         time elapsed between the parole of the person and the
5         commission of the violation for which parole was
6         revoked;
7             (B) For those subject to mandatory supervised
8         release under paragraph (d) of Section 5-8-1 of this
9         Code, the recommitment shall be for the total mandatory
10         supervised release term, less the time elapsed between
11         the release of the person and the commission of the
12         violation for which mandatory supervised release is
13         revoked. The Board may also order that a prisoner serve
14         up to one year of the sentence imposed by the court
15         which was not served due to the accumulation of good
16         conduct credit.
17             (ii) the person shall be given credit against the
18         term of reimprisonment or reconfinement for time spent
19         in custody since he was paroled or released which has
20         not been credited against another sentence or period of
21         confinement;
22             (iii) persons committed under the Juvenile Court
23         Act or the Juvenile Court Act of 1987 shall be
24         recommitted until the age of 21;
25             (iv) this Section is subject to the release under
26         supervision and the reparole and rerelease provisions
27         of Section 3-3-10.
28     (b) The Board may revoke parole or mandatory supervised
29 release for violation of a condition for the duration of the
30 term and for any further period which is reasonably necessary
31 for the adjudication of matters arising before its expiration.
32 The issuance of a warrant of arrest for an alleged violation of
33 the conditions of parole or mandatory supervised release shall
34 toll the running of the term until the final determination of
35 the charge, but where parole or mandatory supervised release is
36 not revoked that period shall be credited to the term.

 

 

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1     (b-5) The Board shall revoke parole or mandatory supervised
2 release for violation of the conditions prescribed in paragraph
3 (7.6) of subsection (a) of Section 3-3-7.
4     (c) A person charged with violating a condition of parole
5 or mandatory supervised release shall have a preliminary
6 hearing before a hearing officer designated by the Board to
7 determine if there is cause to hold the person for a revocation
8 hearing. However, no preliminary hearing need be held when
9 revocation is based upon new criminal charges and a court finds
10 probable cause on the new criminal charges or when the
11 revocation is based upon a new criminal conviction and a
12 certified copy of that conviction is available.
13     (d) Parole or mandatory supervised release shall not be
14 revoked without written notice to the offender setting forth
15 the violation of parole or mandatory supervised release charged
16 against him.
17     (e) A hearing on revocation shall be conducted before at
18 least one member of the Prisoner Review Board. The Board may
19 meet and order its actions in panels of 3 or more members. The
20 action of a majority of the panel shall be the action of the
21 Board. In consideration of persons committed to the Juvenile
22 Division, the member hearing the matter and at least a majority
23 of the panel shall be experienced in juvenile matters. A record
24 of the hearing shall be made. At the hearing the offender shall
25 be permitted to:
26         (1) appear and answer the charge; and
27         (2) bring witnesses on his behalf.
28     (f) The Board shall either revoke parole or mandatory
29 supervised release or order the person's term continued with or
30 without modification or enlargement of the conditions.
31     (g) Parole or mandatory supervised release shall not be
32 revoked for failure to make payments under the conditions of
33 parole or release unless the Board determines that such failure
34 is due to the offender's willful refusal to pay.
35 (Source: P.A. 92-460, eff. 1-1-02.)
 

 

 

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1     (730 ILCS 5/3-14-2)  (from Ch. 38, par. 1003-14-2)
2     Sec. 3-14-2. Supervision on Parole, Mandatory Supervised
3 Release and Release by Statute.
4     (a) The Department shall retain custody of all persons
5 placed on parole or mandatory supervised release or released
6 pursuant to Section 3-3-10 of this Code and shall supervise
7 such persons during their parole or release period in accord
8 with the conditions set by the Prisoner Review Board. Such
9 conditions shall include referral to an alcohol or drug abuse
10 treatment program, as appropriate, if such person has
11 previously been identified as having an alcohol or drug abuse
12 problem. Such conditions may include that the person use an
13 approved electronic monitoring device subject to Article 8A of
14 Chapter V.
15     (b) The Department shall assign personnel to assist persons
16 eligible for parole in preparing a parole plan. Such Department
17 personnel shall make a report of their efforts and findings to
18 the Prisoner Review Board prior to its consideration of the
19 case of such eligible person.
20     (c) A copy of the conditions of his parole or release shall
21 be signed by the parolee or releasee and given to him and to
22 his supervising officer who shall report on his progress under
23 the rules and regulations of the Prisoner Review Board. The
24 supervising officer shall report violations to the Prisoner
25 Review Board and shall have the full power of peace officers in
26 the arrest and retaking of any parolees or releasees or the
27 officer may request the Department to issue a warrant for the
28 arrest of any parolee or releasee who has allegedly violated
29 his parole or release conditions. If the parolee or releasee
30 commits an act that constitutes a felony using a firearm or
31 knife, or, if applicable, fails to comply with the requirements
32 of the Sex Offender Registration Act, the officer shall request
33 the Department to issue a warrant and the Department shall
34 issue the warrant and the officer or the Department shall file
35 a violation report with notice of charges with the Prisoner
36 Review Board. A sheriff or other peace officer may detain an

 

 

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1 alleged parole or release violator until a warrant for his
2 return to the Department can be issued. The parolee or releasee
3 may be delivered to any secure place until he can be
4 transported to the Department.
5     (d) The supervising officer shall regularly advise and
6 consult with the parolee or releasee, assist him in adjusting
7 to community life, inform him of the restoration of his rights
8 on successful completion of sentence under Section 5-5-5. If
9 the parolee or releasee has been convicted of a sex offense as
10 defined in the Sex Offender Management Board Act, the
11 supervising officer shall periodically, but not less than once
12 a month, verify that the parolee or releasee is in compliance
13 with paragraph (7.6) of subsection (a) of Section 3-3-7.
14     (e) Supervising officers shall receive specialized
15 training in the special needs of female releasees or parolees
16 including the family reunification process.
17     (f) The supervising officer shall keep such records as the
18 Prisoner Review Board or Department may require. All records
19 shall be entered in the master file of the individual.
20 (Source: P.A. 93-979, eff. 8-20-04.)
 
21     (730 ILCS 5/Ch. III Art. 17 heading new)
22
ARTICLE 17.
TRANSITIONAL HOUSING FOR SEX OFFENDERS

 
23     (730 ILCS 5/3-17-1 new)
24     Sec. 3-17-1. Transitional housing for sex offenders. This
25 Article may be cited as the Transitional Housing For Sex
26 Offenders Law.
 
27     (730 ILCS 5/3-17-5 new)
28     Sec. 3-17-5. Transitional housing; licensing.
29     (a) The Department of Corrections shall license
30 transitional housing facilities for persons convicted of or
31 placed on supervision for sex offenses as defined in the Sex
32 Offender Management Board Act.
33     (b) A transitional housing facility must meet the following

 

 

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1 criteria to be licensed by the Department:
2         (1) The facility shall provide housing to a sex
3     offender who is in compliance with his or her parole,
4     mandatory supervised release, probation, or supervision
5     order for a period not to exceed 90 days, unless extended
6     with approval from the Director or his or her designee.
7     Notice of any extension approved shall be provided to the
8     Prisoner Review Board.
9         (2) The Department of Corrections must approve a
10     treatment plan and counseling for each sex offender
11     residing in the transitional housing.
12         (3) The transitional housing facility must provide
13     security 24 hours each day and 7 days each week as defined
14     and approved by the Department.
15         (4) The facility must notify the police department,
16     public and private elementary and secondary schools,
17     public libraries, and each residential home and apartment
18     complex located within 500 feet of the transitional housing
19     facility of its initial licensure as a transitional housing
20     facility, and of its continuing operation as a transitional
21     housing facility annually thereafter.
22         (5) Upon its initial licensure as a transitional
23     housing facility and during its licensure, each facility
24     shall maintain at its main entrance a visible and
25     conspicuous exterior sign identifying itself as, in
26     letters at least 4 inches tall, a "Department of
27     Corrections Licensed Transitional Housing Facility".
28         (6) Upon its initial licensure as a transitional
29     housing facility, each facility shall file in the office of
30     the county clerk of the county in which such facility is
31     located, a certificate setting forth the name under which
32     the facility is, or is to be, operated, and the true or
33     real full name or names of the person, persons or entity
34     operating the same, with the address of the facility. The
35     certificate shall be executed and duly acknowledged by the
36     person or persons so operating or intending to operate the

 

 

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1     facility. Notice of the filing of the certificate shall be
2     published in a newspaper of general circulation published
3     within the county in which the certificate is filed. The
4     notice shall be published once a week for 3 consecutive
5     weeks. The first publication shall be within 15 days after
6     the certificate is filed in the office of the county clerk.
7     Proof of publication shall be filed with the county clerk
8     within 50 days from the date of filing the certificate.
9     Upon receiving proof of publication, the clerk shall issue
10     a receipt to the person filing the certificate, but no
11     additional charge shall be assessed by the clerk for giving
12     such receipt. Unless proof of publication is made to the
13     clerk, the notification is void.
14         (7) Each licensed transitional housing facility shall
15     be identified on the Illinois State Police Sex Offender
16     Registry website, including the address of the facility
17     together with the maximum possible number of sex offenders
18     that the facility could house.
19     (c) The Department of Corrections shall establish rules
20 consistent with this Section establishing licensing procedures
21 and criteria for transitional housing facilities for sex
22 offenders, and may create criteria for, and issue licenses for,
23 different levels of facilities to be licensed. The Department
24 is authorized to set and charge a licensing fee for each
25 application for a transitional housing license. The rules shall
26 be adopted within 60 days after the effective date of this
27 amendatory Act of the 94th General Assembly. Facilities which
28 on the effective date of this amendatory Act of the 94th
29 General Assembly are currently housing and providing sex
30 offender treatment to sex offenders may continue housing more
31 than one sex offender on parole, mandatory supervised release,
32 probation, or supervision for a period of 120 days after the
33 adoption of licensure rules during which time the facility
34 shall apply for a transitional housing license.
35     (d) The Department of Corrections shall maintain a file on
36 each sex offender housed in a transitional housing facility.

 

 

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1 The file shall contain efforts of the Department in placing a
2 sex offender in non-transitional housing, efforts of the
3 Department to place the sex offender in a county from which he
4 or she was convicted, the anticipated length of stay of each
5 sex offender in the transitional housing facility, the number
6 of sex offenders residing in the transitional housing facility,
7 and the services to be provided the sex offender while he or
8 she resides in the transitional housing facility.
9     (e) The Department of Corrections shall, on or before
10 December 31 of each year, file a report with the General
11 Assembly on the number of transitional housing facilities for
12 sex offenders licensed by the Department, the addresses of each
13 licensed facility, how many sex offenders are housed in each
14 facility, and the particular sex offense that each resident of
15 the transitional housing facility committed.
 
16     (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
17     Sec. 5-6-3. Conditions of Probation and of Conditional
18 Discharge.
19     (a) The conditions of probation and of conditional
20 discharge shall be that the person:
21         (1) not violate any criminal statute of any
22     jurisdiction;
23         (2) report to or appear in person before such person or
24     agency as directed by the court;
25         (3) refrain from possessing a firearm or other
26     dangerous weapon;
27         (4) not leave the State without the consent of the
28     court or, in circumstances in which the reason for the
29     absence is of such an emergency nature that prior consent
30     by the court is not possible, without the prior
31     notification and approval of the person's probation
32     officer. Transfer of a person's probation or conditional
33     discharge supervision to another state is subject to
34     acceptance by the other state pursuant to the Interstate
35     Compact for Adult Offender Supervision;

 

 

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1         (5) permit the probation officer to visit him at his
2     home or elsewhere to the extent necessary to discharge his
3     duties;
4         (6) perform no less than 30 hours of community service
5     and not more than 120 hours of community service, if
6     community service is available in the jurisdiction and is
7     funded and approved by the county board where the offense
8     was committed, where the offense was related to or in
9     furtherance of the criminal activities of an organized gang
10     and was motivated by the offender's membership in or
11     allegiance to an organized gang. The community service
12     shall include, but not be limited to, the cleanup and
13     repair of any damage caused by a violation of Section
14     21-1.3 of the Criminal Code of 1961 and similar damage to
15     property located within the municipality or county in which
16     the violation occurred. When possible and reasonable, the
17     community service should be performed in the offender's
18     neighborhood. For purposes of this Section, "organized
19     gang" has the meaning ascribed to it in Section 10 of the
20     Illinois Streetgang Terrorism Omnibus Prevention Act;
21         (7) if he or she is at least 17 years of age and has
22     been sentenced to probation or conditional discharge for a
23     misdemeanor or felony in a county of 3,000,000 or more
24     inhabitants and has not been previously convicted of a
25     misdemeanor or felony, may be required by the sentencing
26     court to attend educational courses designed to prepare the
27     defendant for a high school diploma and to work toward a
28     high school diploma or to work toward passing the high
29     school level Test of General Educational Development (GED)
30     or to work toward completing a vocational training program
31     approved by the court. The person on probation or
32     conditional discharge must attend a public institution of
33     education to obtain the educational or vocational training
34     required by this clause (7). The court shall revoke the
35     probation or conditional discharge of a person who wilfully
36     fails to comply with this clause (7). The person on

 

 

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1     probation or conditional discharge shall be required to pay
2     for the cost of the educational courses or GED test, if a
3     fee is charged for those courses or test. The court shall
4     resentence the offender whose probation or conditional
5     discharge has been revoked as provided in Section 5-6-4.
6     This clause (7) does not apply to a person who has a high
7     school diploma or has successfully passed the GED test.
8     This clause (7) does not apply to a person who is
9     determined by the court to be developmentally disabled or
10     otherwise mentally incapable of completing the educational
11     or vocational program;
12         (8) if convicted of possession of a substance
13     prohibited by the Cannabis Control Act or Illinois
14     Controlled Substances Act after a previous conviction or
15     disposition of supervision for possession of a substance
16     prohibited by the Cannabis Control Act or Illinois
17     Controlled Substances Act or after a sentence of probation
18     under Section 10 of the Cannabis Control Act or Section 410
19     of the Illinois Controlled Substances Act and upon a
20     finding by the court that the person is addicted, undergo
21     treatment at a substance abuse program approved by the
22     court;
23         (8.5) if convicted of a felony sex offense as defined
24     in the Sex Offender Management Board Act, the person shall
25     undergo and successfully complete sex offender treatment
26     by a treatment provider approved by the Board and conducted
27     in conformance with the standards developed under the Sex
28     Offender Management Board Act; and
29         (8.6) if convicted of a sex offense as defined in the
30     Sex Offender Management Board Act, refrain from residing at
31     the same address or in the same condominium unit or
32     apartment unit or in the same condominium complex or
33     apartment complex with another person he or she knows or
34     reasonably should know is a convicted sex offender or has
35     been placed on supervision for a sex offense; the
36     provisions of this paragraph do not apply to a person

 

 

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1     convicted of a sex offense who is placed in a Department of
2     Corrections licensed transitional housing facility for sex
3     offenders; and
4         (9) if convicted of a felony, physically surrender at a
5     time and place designated by the court, his or her Firearm
6     Owner's Identification Card and any and all firearms in his
7     or her possession.
8     (b) The Court may in addition to other reasonable
9 conditions relating to the nature of the offense or the
10 rehabilitation of the defendant as determined for each
11 defendant in the proper discretion of the Court require that
12 the person:
13         (1) serve a term of periodic imprisonment under Article
14     7 for a period not to exceed that specified in paragraph
15     (d) of Section 5-7-1;
16         (2) pay a fine and costs;
17         (3) work or pursue a course of study or vocational
18     training;
19         (4) undergo medical, psychological or psychiatric
20     treatment; or treatment for drug addiction or alcoholism;
21         (5) attend or reside in a facility established for the
22     instruction or residence of defendants on probation;
23         (6) support his dependents;
24         (7) and in addition, if a minor:
25             (i) reside with his parents or in a foster home;
26             (ii) attend school;
27             (iii) attend a non-residential program for youth;
28             (iv) contribute to his own support at home or in a
29         foster home;
30             (v) with the consent of the superintendent of the
31         facility, attend an educational program at a facility
32         other than the school in which the offense was
33         committed if he or she is convicted of a crime of
34         violence as defined in Section 2 of the Crime Victims
35         Compensation Act committed in a school, on the real
36         property comprising a school, or within 1,000 feet of

 

 

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1         the real property comprising a school;
2         (8) make restitution as provided in Section 5-5-6 of
3     this Code;
4         (9) perform some reasonable public or community
5     service;
6         (10) serve a term of home confinement. In addition to
7     any other applicable condition of probation or conditional
8     discharge, the conditions of home confinement shall be that
9     the offender:
10             (i) remain within the interior premises of the
11         place designated for his confinement during the hours
12         designated by the court;
13             (ii) admit any person or agent designated by the
14         court into the offender's place of confinement at any
15         time for purposes of verifying the offender's
16         compliance with the conditions of his confinement; and
17             (iii) if further deemed necessary by the court or
18         the Probation or Court Services Department, be placed
19         on an approved electronic monitoring device, subject
20         to Article 8A of Chapter V;
21             (iv) for persons convicted of any alcohol,
22         cannabis or controlled substance violation who are
23         placed on an approved monitoring device as a condition
24         of probation or conditional discharge, the court shall
25         impose a reasonable fee for each day of the use of the
26         device, as established by the county board in
27         subsection (g) of this Section, unless after
28         determining the inability of the offender to pay the
29         fee, the court assesses a lesser fee or no fee as the
30         case may be. This fee shall be imposed in addition to
31         the fees imposed under subsections (g) and (i) of this
32         Section. The fee shall be collected by the clerk of the
33         circuit court. The clerk of the circuit court shall pay
34         all monies collected from this fee to the county
35         treasurer for deposit in the substance abuse services
36         fund under Section 5-1086.1 of the Counties Code; and

 

 

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1             (v) for persons convicted of offenses other than
2         those referenced in clause (iv) above and who are
3         placed on an approved monitoring device as a condition
4         of probation or conditional discharge, the court shall
5         impose a reasonable fee for each day of the use of the
6         device, as established by the county board in
7         subsection (g) of this Section, unless after
8         determining the inability of the defendant to pay the
9         fee, the court assesses a lesser fee or no fee as the
10         case may be. This fee shall be imposed in addition to
11         the fees imposed under subsections (g) and (i) of this
12         Section. The fee shall be collected by the clerk of the
13         circuit court. The clerk of the circuit court shall pay
14         all monies collected from this fee to the county
15         treasurer who shall use the monies collected to defray
16         the costs of corrections. The county treasurer shall
17         deposit the fee collected in the county working cash
18         fund under Section 6-27001 or Section 6-29002 of the
19         Counties Code, as the case may be.
20         (11) comply with the terms and conditions of an order
21     of protection issued by the court pursuant to the Illinois
22     Domestic Violence Act of 1986, as now or hereafter amended,
23     or an order of protection issued by the court of another
24     state, tribe, or United States territory. A copy of the
25     order of protection shall be transmitted to the probation
26     officer or agency having responsibility for the case;
27         (12) reimburse any "local anti-crime program" as
28     defined in Section 7 of the Anti-Crime Advisory Council Act
29     for any reasonable expenses incurred by the program on the
30     offender's case, not to exceed the maximum amount of the
31     fine authorized for the offense for which the defendant was
32     sentenced;
33         (13) contribute a reasonable sum of money, not to
34     exceed the maximum amount of the fine authorized for the
35     offense for which the defendant was sentenced, to a "local
36     anti-crime program", as defined in Section 7 of the

 

 

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1     Anti-Crime Advisory Council Act;
2         (14) refrain from entering into a designated
3     geographic area except upon such terms as the court finds
4     appropriate. Such terms may include consideration of the
5     purpose of the entry, the time of day, other persons
6     accompanying the defendant, and advance approval by a
7     probation officer, if the defendant has been placed on
8     probation or advance approval by the court, if the
9     defendant was placed on conditional discharge;
10         (15) refrain from having any contact, directly or
11     indirectly, with certain specified persons or particular
12     types of persons, including but not limited to members of
13     street gangs and drug users or dealers;
14         (16) refrain from having in his or her body the
15     presence of any illicit drug prohibited by the Cannabis
16     Control Act or the Illinois Controlled Substances Act,
17     unless prescribed by a physician, and submit samples of his
18     or her blood or urine or both for tests to determine the
19     presence of any illicit drug.
20     (c) The court may as a condition of probation or of
21 conditional discharge require that a person under 18 years of
22 age found guilty of any alcohol, cannabis or controlled
23 substance violation, refrain from acquiring a driver's license
24 during the period of probation or conditional discharge. If
25 such person is in possession of a permit or license, the court
26 may require that the minor refrain from driving or operating
27 any motor vehicle during the period of probation or conditional
28 discharge, except as may be necessary in the course of the
29 minor's lawful employment.
30     (d) An offender sentenced to probation or to conditional
31 discharge shall be given a certificate setting forth the
32 conditions thereof.
33     (e) Except where the offender has committed a fourth or
34 subsequent violation of subsection (c) of Section 6-303 of the
35 Illinois Vehicle Code, the court shall not require as a
36 condition of the sentence of probation or conditional discharge

 

 

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1 that the offender be committed to a period of imprisonment in
2 excess of 6 months. This 6 month limit shall not include
3 periods of confinement given pursuant to a sentence of county
4 impact incarceration under Section 5-8-1.2. This 6 month limit
5 does not apply to a person sentenced to probation as a result
6 of a conviction of a fourth or subsequent violation of
7 subsection (c-4) of Section 11-501 of the Illinois Vehicle Code
8 or a similar provision of a local ordinance.
9     Persons committed to imprisonment as a condition of
10 probation or conditional discharge shall not be committed to
11 the Department of Corrections.
12     (f) The court may combine a sentence of periodic
13 imprisonment under Article 7 or a sentence to a county impact
14 incarceration program under Article 8 with a sentence of
15 probation or conditional discharge.
16     (g) An offender sentenced to probation or to conditional
17 discharge and who during the term of either undergoes mandatory
18 drug or alcohol testing, or both, or is assigned to be placed
19 on an approved electronic monitoring device, shall be ordered
20 to pay all costs incidental to such mandatory drug or alcohol
21 testing, or both, and all costs incidental to such approved
22 electronic monitoring in accordance with the defendant's
23 ability to pay those costs. The county board with the
24 concurrence of the Chief Judge of the judicial circuit in which
25 the county is located shall establish reasonable fees for the
26 cost of maintenance, testing, and incidental expenses related
27 to the mandatory drug or alcohol testing, or both, and all
28 costs incidental to approved electronic monitoring, involved
29 in a successful probation program for the county. The
30 concurrence of the Chief Judge shall be in the form of an
31 administrative order. The fees shall be collected by the clerk
32 of the circuit court. The clerk of the circuit court shall pay
33 all moneys collected from these fees to the county treasurer
34 who shall use the moneys collected to defray the costs of drug
35 testing, alcohol testing, and electronic monitoring. The
36 county treasurer shall deposit the fees collected in the county

 

 

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1 working cash fund under Section 6-27001 or Section 6-29002 of
2 the Counties Code, as the case may be.
3     (h) Jurisdiction over an offender may be transferred from
4 the sentencing court to the court of another circuit with the
5 concurrence of both courts. Further transfers or retransfers of
6 jurisdiction are also authorized in the same manner. The court
7 to which jurisdiction has been transferred shall have the same
8 powers as the sentencing court.
9     (i) The court shall impose upon an offender sentenced to
10 probation after January 1, 1989 or to conditional discharge
11 after January 1, 1992 or to community service under the
12 supervision of a probation or court services department after
13 January 1, 2004, as a condition of such probation or
14 conditional discharge or supervised community service, a fee of
15 $50 for each month of probation or conditional discharge
16 supervision or supervised community service ordered by the
17 court, unless after determining the inability of the person
18 sentenced to probation or conditional discharge or supervised
19 community service to pay the fee, the court assesses a lesser
20 fee. The court may not impose the fee on a minor who is made a
21 ward of the State under the Juvenile Court Act of 1987 while
22 the minor is in placement. The fee shall be imposed only upon
23 an offender who is actively supervised by the probation and
24 court services department. The fee shall be collected by the
25 clerk of the circuit court. The clerk of the circuit court
26 shall pay all monies collected from this fee to the county
27 treasurer for deposit in the probation and court services fund
28 under Section 15.1 of the Probation and Probation Officers Act.
29     A circuit court may not impose a probation fee under this
30 subsection (i) in excess of $25 per month unless: (1) the
31 circuit court has adopted, by administrative order issued by
32 the chief judge, a standard probation fee guide determining an
33 offender's ability to pay, under guidelines developed by the
34 Administrative Office of the Illinois Courts; and (2) the
35 circuit court has authorized, by administrative order issued by
36 the chief judge, the creation of a Crime Victim's Services

 

 

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1 Fund, to be administered by the Chief Judge or his or her
2 designee, for services to crime victims and their families. Of
3 the amount collected as a probation fee, up to $5 of that fee
4 collected per month may be used to provide services to crime
5 victims and their families.
6     This amendatory Act of the 93rd General Assembly deletes
7 the $10 increase in the fee under this subsection that was
8 imposed by Public Act 93-616. This deletion is intended to
9 control over any other Act of the 93rd General Assembly that
10 retains or incorporates that fee increase.
11     (i-5) In addition to the fees imposed under subsection (i)
12 of this Section, in the case of an offender convicted of a
13 felony sex offense (as defined in the Sex Offender Management
14 Board Act) or an offense that the court or probation department
15 has determined to be sexually motivated (as defined in the Sex
16 Offender Management Board Act), the court or the probation
17 department shall assess additional fees to pay for all costs of
18 treatment, assessment, evaluation for risk and treatment, and
19 monitoring the offender, based on that offender's ability to
20 pay those costs either as they occur or under a payment plan.
21     (j) All fines and costs imposed under this Section for any
22 violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
23 Code, or a similar provision of a local ordinance, and any
24 violation of the Child Passenger Protection Act, or a similar
25 provision of a local ordinance, shall be collected and
26 disbursed by the circuit clerk as provided under Section 27.5
27 of the Clerks of Courts Act.
28     (k) Any offender who is sentenced to probation or
29 conditional discharge for a felony sex offense as defined in
30 the Sex Offender Management Board Act or any offense that the
31 court or probation department has determined to be sexually
32 motivated as defined in the Sex Offender Management Board Act
33 shall be required to refrain from any contact, directly or
34 indirectly, with any persons specified by the court and shall
35 be available for all evaluations and treatment programs
36 required by the court or the probation department.

 

 

HB0350 Enrolled - 23 - LRB094 05157 RLC 35198 b

1 (Source: P.A. 92-282, eff. 8-7-01; 92-340, eff. 8-10-01;
2 92-418, eff. 8-17-01; 92-442, eff. 8-17-01; 92-571, eff.
3 6-26-02; 92-651, eff. 7-11-02; 93-475, eff. 8-8-03; 93-616,
4 eff. 1-1-04; 93-970, eff. 8-20-04.)
 
5     (730 ILCS 5/5-6-3.1)  (from Ch. 38, par. 1005-6-3.1)
6     Sec. 5-6-3.1. Incidents and Conditions of Supervision.
7     (a) When a defendant is placed on supervision, the court
8 shall enter an order for supervision specifying the period of
9 such supervision, and shall defer further proceedings in the
10 case until the conclusion of the period.
11     (b) The period of supervision shall be reasonable under all
12 of the circumstances of the case, but may not be longer than 2
13 years, unless the defendant has failed to pay the assessment
14 required by Section 10.3 of the Cannabis Control Act or Section
15 411.2 of the Illinois Controlled Substances Act, in which case
16 the court may extend supervision beyond 2 years. Additionally,
17 the court shall order the defendant to perform no less than 30
18 hours of community service and not more than 120 hours of
19 community service, if community service is available in the
20 jurisdiction and is funded and approved by the county board
21 where the offense was committed, when the offense (1) was
22 related to or in furtherance of the criminal activities of an
23 organized gang or was motivated by the defendant's membership
24 in or allegiance to an organized gang; or (2) is a violation of
25 any Section of Article 24 of the Criminal Code of 1961 where a
26 disposition of supervision is not prohibited by Section 5-6-1
27 of this Code. The community service shall include, but not be
28 limited to, the cleanup and repair of any damage caused by
29 violation of Section 21-1.3 of the Criminal Code of 1961 and
30 similar damages to property located within the municipality or
31 county in which the violation occurred. Where possible and
32 reasonable, the community service should be performed in the
33 offender's neighborhood.
34     For the purposes of this Section, "organized gang" has the
35 meaning ascribed to it in Section 10 of the Illinois Streetgang

 

 

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1 Terrorism Omnibus Prevention Act.
2     (c) The court may in addition to other reasonable
3 conditions relating to the nature of the offense or the
4 rehabilitation of the defendant as determined for each
5 defendant in the proper discretion of the court require that
6 the person:
7         (1) make a report to and appear in person before or
8     participate with the court or such courts, person, or
9     social service agency as directed by the court in the order
10     of supervision;
11         (2) pay a fine and costs;
12         (3) work or pursue a course of study or vocational
13     training;
14         (4) undergo medical, psychological or psychiatric
15     treatment; or treatment for drug addiction or alcoholism;
16         (5) attend or reside in a facility established for the
17     instruction or residence of defendants on probation;
18         (6) support his dependents;
19         (7) refrain from possessing a firearm or other
20     dangerous weapon;
21         (8) and in addition, if a minor:
22             (i) reside with his parents or in a foster home;
23             (ii) attend school;
24             (iii) attend a non-residential program for youth;
25             (iv) contribute to his own support at home or in a
26         foster home; or
27             (v) with the consent of the superintendent of the
28         facility, attend an educational program at a facility
29         other than the school in which the offense was
30         committed if he or she is placed on supervision for a
31         crime of violence as defined in Section 2 of the Crime
32         Victims Compensation Act committed in a school, on the
33         real property comprising a school, or within 1,000 feet
34         of the real property comprising a school;
35         (9) make restitution or reparation in an amount not to
36     exceed actual loss or damage to property and pecuniary loss

 

 

HB0350 Enrolled - 25 - LRB094 05157 RLC 35198 b

1     or make restitution under Section 5-5-6 to a domestic
2     violence shelter. The court shall determine the amount and
3     conditions of payment;
4         (10) perform some reasonable public or community
5     service;
6         (11) comply with the terms and conditions of an order
7     of protection issued by the court pursuant to the Illinois
8     Domestic Violence Act of 1986 or an order of protection
9     issued by the court of another state, tribe, or United
10     States territory. If the court has ordered the defendant to
11     make a report and appear in person under paragraph (1) of
12     this subsection, a copy of the order of protection shall be
13     transmitted to the person or agency so designated by the
14     court;
15         (12) reimburse any "local anti-crime program" as
16     defined in Section 7 of the Anti-Crime Advisory Council Act
17     for any reasonable expenses incurred by the program on the
18     offender's case, not to exceed the maximum amount of the
19     fine authorized for the offense for which the defendant was
20     sentenced;
21         (13) contribute a reasonable sum of money, not to
22     exceed the maximum amount of the fine authorized for the
23     offense for which the defendant was sentenced, to a "local
24     anti-crime program", as defined in Section 7 of the
25     Anti-Crime Advisory Council Act;
26         (14) refrain from entering into a designated
27     geographic area except upon such terms as the court finds
28     appropriate. Such terms may include consideration of the
29     purpose of the entry, the time of day, other persons
30     accompanying the defendant, and advance approval by a
31     probation officer;
32         (15) refrain from having any contact, directly or
33     indirectly, with certain specified persons or particular
34     types of person, including but not limited to members of
35     street gangs and drug users or dealers;
36         (16) refrain from having in his or her body the

 

 

HB0350 Enrolled - 26 - LRB094 05157 RLC 35198 b

1     presence of any illicit drug prohibited by the Cannabis
2     Control Act or the Illinois Controlled Substances Act,
3     unless prescribed by a physician, and submit samples of his
4     or her blood or urine or both for tests to determine the
5     presence of any illicit drug;
6         (17) refrain from operating any motor vehicle not
7     equipped with an ignition interlock device as defined in
8     Section 1-129.1 of the Illinois Vehicle Code. Under this
9     condition the court may allow a defendant who is not
10     self-employed to operate a vehicle owned by the defendant's
11     employer that is not equipped with an ignition interlock
12     device in the course and scope of the defendant's
13     employment.
14     (d) The court shall defer entering any judgment on the
15 charges until the conclusion of the supervision.
16     (e) At the conclusion of the period of supervision, if the
17 court determines that the defendant has successfully complied
18 with all of the conditions of supervision, the court shall
19 discharge the defendant and enter a judgment dismissing the
20 charges.
21     (f) Discharge and dismissal upon a successful conclusion of
22 a disposition of supervision shall be deemed without
23 adjudication of guilt and shall not be termed a conviction for
24 purposes of disqualification or disabilities imposed by law
25 upon conviction of a crime. Two years after the discharge and
26 dismissal under this Section, unless the disposition of
27 supervision was for a violation of Sections 3-707, 3-708,
28 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a
29 similar provision of a local ordinance, or for a violation of
30 Sections 12-3.2 or 16A-3 of the Criminal Code of 1961, in which
31 case it shall be 5 years after discharge and dismissal, a
32 person may have his record of arrest sealed or expunged as may
33 be provided by law. However, any defendant placed on
34 supervision before January 1, 1980, may move for sealing or
35 expungement of his arrest record, as provided by law, at any
36 time after discharge and dismissal under this Section. A person

 

 

HB0350 Enrolled - 27 - LRB094 05157 RLC 35198 b

1 placed on supervision for a sexual offense committed against a
2 minor as defined in subsection (g) of Section 5 of the Criminal
3 Identification Act or for a violation of Section 11-501 of the
4 Illinois Vehicle Code or a similar provision of a local
5 ordinance shall not have his or her record of arrest sealed or
6 expunged.
7     (g) A defendant placed on supervision and who during the
8 period of supervision undergoes mandatory drug or alcohol
9 testing, or both, or is assigned to be placed on an approved
10 electronic monitoring device, shall be ordered to pay the costs
11 incidental to such mandatory drug or alcohol testing, or both,
12 and costs incidental to such approved electronic monitoring in
13 accordance with the defendant's ability to pay those costs. The
14 county board with the concurrence of the Chief Judge of the
15 judicial circuit in which the county is located shall establish
16 reasonable fees for the cost of maintenance, testing, and
17 incidental expenses related to the mandatory drug or alcohol
18 testing, or both, and all costs incidental to approved
19 electronic monitoring, of all defendants placed on
20 supervision. The concurrence of the Chief Judge shall be in the
21 form of an administrative order. The fees shall be collected by
22 the clerk of the circuit court. The clerk of the circuit court
23 shall pay all moneys collected from these fees to the county
24 treasurer who shall use the moneys collected to defray the
25 costs of drug testing, alcohol testing, and electronic
26 monitoring. The county treasurer shall deposit the fees
27 collected in the county working cash fund under Section 6-27001
28 or Section 6-29002 of the Counties Code, as the case may be.
29     (h) A disposition of supervision is a final order for the
30 purposes of appeal.
31     (i) The court shall impose upon a defendant placed on
32 supervision after January 1, 1992 or to community service under
33 the supervision of a probation or court services department
34 after January 1, 2004, as a condition of supervision or
35 supervised community service, a fee of $50 for each month of
36 supervision or supervised community service ordered by the

 

 

HB0350 Enrolled - 28 - LRB094 05157 RLC 35198 b

1 court, unless after determining the inability of the person
2 placed on supervision or supervised community service to pay
3 the fee, the court assesses a lesser fee. The court may not
4 impose the fee on a minor who is made a ward of the State under
5 the Juvenile Court Act of 1987 while the minor is in placement.
6 The fee shall be imposed only upon a defendant who is actively
7 supervised by the probation and court services department. The
8 fee shall be collected by the clerk of the circuit court. The
9 clerk of the circuit court shall pay all monies collected from
10 this fee to the county treasurer for deposit in the probation
11 and court services fund pursuant to Section 15.1 of the
12 Probation and Probation Officers Act.
13     A circuit court may not impose a probation fee in excess of
14 $25 per month unless: (1) the circuit court has adopted, by
15 administrative order issued by the chief judge, a standard
16 probation fee guide determining an offender's ability to pay,
17 under guidelines developed by the Administrative Office of the
18 Illinois Courts; and (2) the circuit court has authorized, by
19 administrative order issued by the chief judge, the creation of
20 a Crime Victim's Services Fund, to be administered by the Chief
21 Judge or his or her designee, for services to crime victims and
22 their families. Of the amount collected as a probation fee, not
23 to exceed $5 of that fee collected per month may be used to
24 provide services to crime victims and their families.
25     (j) All fines and costs imposed under this Section for any
26 violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
27 Code, or a similar provision of a local ordinance, and any
28 violation of the Child Passenger Protection Act, or a similar
29 provision of a local ordinance, shall be collected and
30 disbursed by the circuit clerk as provided under Section 27.5
31 of the Clerks of Courts Act.
32     (k) A defendant at least 17 years of age who is placed on
33 supervision for a misdemeanor in a county of 3,000,000 or more
34 inhabitants and who has not been previously convicted of a
35 misdemeanor or felony may as a condition of his or her
36 supervision be required by the court to attend educational

 

 

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1 courses designed to prepare the defendant for a high school
2 diploma and to work toward a high school diploma or to work
3 toward passing the high school level Test of General
4 Educational Development (GED) or to work toward completing a
5 vocational training program approved by the court. The
6 defendant placed on supervision must attend a public
7 institution of education to obtain the educational or
8 vocational training required by this subsection (k). The
9 defendant placed on supervision shall be required to pay for
10 the cost of the educational courses or GED test, if a fee is
11 charged for those courses or test. The court shall revoke the
12 supervision of a person who wilfully fails to comply with this
13 subsection (k). The court shall resentence the defendant upon
14 revocation of supervision as provided in Section 5-6-4. This
15 subsection (k) does not apply to a defendant who has a high
16 school diploma or has successfully passed the GED test. This
17 subsection (k) does not apply to a defendant who is determined
18 by the court to be developmentally disabled or otherwise
19 mentally incapable of completing the educational or vocational
20 program.
21     (l) The court shall require a defendant placed on
22 supervision for possession of a substance prohibited by the
23 Cannabis Control Act or Illinois Controlled Substances Act
24 after a previous conviction or disposition of supervision for
25 possession of a substance prohibited by the Cannabis Control
26 Act or Illinois Controlled Substances Act or a sentence of
27 probation under Section 10 of the Cannabis Control Act or
28 Section 410 of the Illinois Controlled Substances Act and after
29 a finding by the court that the person is addicted, to undergo
30 treatment at a substance abuse program approved by the court.
31     (m) The Secretary of State shall require anyone placed on
32 court supervision for a violation of Section 3-707 of the
33 Illinois Vehicle Code or a similar provision of a local
34 ordinance to give proof of his or her financial responsibility
35 as defined in Section 7-315 of the Illinois Vehicle Code. The
36 proof shall be maintained by the individual in a manner

 

 

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1 satisfactory to the Secretary of State for a minimum period of
2 one year after the date the proof is first filed. The proof
3 shall be limited to a single action per arrest and may not be
4 affected by any post-sentence disposition. The Secretary of
5 State shall suspend the driver's license of any person
6 determined by the Secretary to be in violation of this
7 subsection.
8     (n) Any offender placed on supervision for any offense that
9 the court or probation department has determined to be sexually
10 motivated as defined in the Sex Offender Management Board Act
11 shall be required to refrain from any contact, directly or
12 indirectly, with any persons specified by the court and shall
13 be available for all evaluations and treatment programs
14 required by the court or the probation department.
15     (o) An offender placed on supervision for a sex offense as
16 defined in the Sex Offender Management Board Act shall refrain
17 from residing at the same address or in the same condominium
18 unit or apartment unit or in the same condominium complex or
19 apartment complex with another person he or she knows or
20 reasonably should know is a convicted sex offender or has been
21 placed on supervision for a sex offense. The provisions of this
22 subsection (o) do not apply to a person convicted of a sex
23 offense who is placed in a Department of Corrections licensed
24 transitional housing facility for sex offenders.
25 (Source: P.A. 92-282, eff. 8-7-01; 92-458, eff. 8-22-01;
26 92-651, eff. 7-11-02; 93-475, eff. 8-8-03; 93-970, eff.
27 8-20-04.)
 
28     (730 ILCS 5/5-6-4)  (from Ch. 38, par. 1005-6-4)
29     Sec. 5-6-4. Violation, Modification or Revocation of
30 Probation, of Conditional Discharge or Supervision or of a
31 sentence of county impact incarceration - Hearing.
32     (a) Except in cases where conditional discharge or
33 supervision was imposed for a petty offense as defined in
34 Section 5-1-17, when a petition is filed charging a violation
35 of a condition, the court may:

 

 

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1         (1) in the case of probation violations, order the
2     issuance of a notice to the offender to be present by the
3     County Probation Department or such other agency
4     designated by the court to handle probation matters; and in
5     the case of conditional discharge or supervision
6     violations, such notice to the offender shall be issued by
7     the Circuit Court Clerk; and in the case of a violation of
8     a sentence of county impact incarceration, such notice
9     shall be issued by the Sheriff;
10         (2) order a summons to the offender to be present for
11     hearing; or
12         (3) order a warrant for the offender's arrest where
13     there is danger of his fleeing the jurisdiction or causing
14     serious harm to others or when the offender fails to answer
15     a summons or notice from the clerk of the court or Sheriff.
16     Personal service of the petition for violation of probation
17 or the issuance of such warrant, summons or notice shall toll
18 the period of probation, conditional discharge, supervision,
19 or sentence of county impact incarceration until the final
20 determination of the charge, and the term of probation,
21 conditional discharge, supervision, or sentence of county
22 impact incarceration shall not run until the hearing and
23 disposition of the petition for violation.
24     (b) The court shall conduct a hearing of the alleged
25 violation. The court shall admit the offender to bail pending
26 the hearing unless the alleged violation is itself a criminal
27 offense in which case the offender shall be admitted to bail on
28 such terms as are provided in the Code of Criminal Procedure of
29 1963, as amended. In any case where an offender remains
30 incarcerated only as a result of his alleged violation of the
31 court's earlier order of probation, supervision, conditional
32 discharge, or county impact incarceration such hearing shall be
33 held within 14 days of the onset of said incarceration, unless
34 the alleged violation is the commission of another offense by
35 the offender during the period of probation, supervision or
36 conditional discharge in which case such hearing shall be held

 

 

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1 within the time limits described in Section 103-5 of the Code
2 of Criminal Procedure of 1963, as amended.
3     (c) The State has the burden of going forward with the
4 evidence and proving the violation by the preponderance of the
5 evidence. The evidence shall be presented in open court with
6 the right of confrontation, cross-examination, and
7 representation by counsel.
8     (d) Probation, conditional discharge, periodic
9 imprisonment and supervision shall not be revoked for failure
10 to comply with conditions of a sentence or supervision, which
11 imposes financial obligations upon the offender unless such
12 failure is due to his willful refusal to pay.
13     (e) If the court finds that the offender has violated a
14 condition at any time prior to the expiration or termination of
15 the period, it may continue him on the existing sentence, with
16 or without modifying or enlarging the conditions, or may impose
17 any other sentence that was available under Section 5-5-3 of
18 this Code or Section 11-501 of the Illinois Vehicle Code at the
19 time of initial sentencing. If the court finds that the person
20 has failed to successfully complete his or her sentence to a
21 county impact incarceration program, the court may impose any
22 other sentence that was available under Section 5-5-3 of this
23 Code or Section 11-501 of the Illinois Vehicle Code at the time
24 of initial sentencing, except for a sentence of probation or
25 conditional discharge. If the court finds that the offender has
26 violated paragraph (8.6) of subsection (a) of Section 5-6-3,
27 the court shall revoke the probation of the offender. If the
28 court finds that the offender has violated subsection (o) of
29 Section 5-6-3.1, the court shall revoke the supervision of the
30 offender.
31     (f) The conditions of probation, of conditional discharge,
32 of supervision, or of a sentence of county impact incarceration
33 may be modified by the court on motion of the supervising
34 agency or on its own motion or at the request of the offender
35 after notice and a hearing.
36     (g) A judgment revoking supervision, probation,

 

 

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1 conditional discharge, or a sentence of county impact
2 incarceration is a final appealable order.
3     (h) Resentencing after revocation of probation,
4 conditional discharge, supervision, or a sentence of county
5 impact incarceration shall be under Article 4. Time served on
6 probation, conditional discharge or supervision shall not be
7 credited by the court against a sentence of imprisonment or
8 periodic imprisonment unless the court orders otherwise.
9     (i) Instead of filing a violation of probation, conditional
10 discharge, supervision, or a sentence of county impact
11 incarceration, an agent or employee of the supervising agency
12 with the concurrence of his or her supervisor may serve on the
13 defendant a Notice of Intermediate Sanctions. The Notice shall
14 contain the technical violation or violations involved, the
15 date or dates of the violation or violations, and the
16 intermediate sanctions to be imposed. Upon receipt of the
17 Notice, the defendant shall immediately accept or reject the
18 intermediate sanctions. If the sanctions are accepted, they
19 shall be imposed immediately. If the intermediate sanctions are
20 rejected or the defendant does not respond to the Notice, a
21 violation of probation, conditional discharge, supervision, or
22 a sentence of county impact incarceration shall be immediately
23 filed with the court. The State's Attorney and the sentencing
24 court shall be notified of the Notice of Sanctions. Upon
25 successful completion of the intermediate sanctions, a court
26 may not revoke probation, conditional discharge, supervision,
27 or a sentence of county impact incarceration or impose
28 additional sanctions for the same violation. A notice of
29 intermediate sanctions may not be issued for any violation of
30 probation, conditional discharge, supervision, or a sentence
31 of county impact incarceration which could warrant an
32 additional, separate felony charge. The intermediate sanctions
33 shall include a term of home detention as provided in Article
34 8A of Chapter V of this Code for multiple or repeat violations
35 of the terms and conditions of a sentence of probation,
36 conditional discharge, or supervision.

 

 

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1     (j) When an offender is re-sentenced after revocation of
2 probation that was imposed in combination with a sentence of
3 imprisonment for the same offense, the aggregate of the
4 sentences may not exceed the maximum term authorized under
5 Article 8 of this Chapter.
6 (Source: P.A. 93-800, eff. 1-1-05; 93-1014, eff. 1-1-05;
7 revised 10-25-04.)
 
8     Section 10. The Probation and Probation Officers Act is
9 amended by adding Section 16.2 as follows:
 
10     (730 ILCS 110/16.2 new)
11     Sec. 16.2. Verification of sex offender's address. A
12 probation officer supervising a person who has been placed on
13 probation for a sex offense as defined in the Sex Offender
14 Management Board Act shall periodically, but not less than once
15 a month, verify that the person is in compliance with paragraph
16 (8.6) of subsection (a) of Section 5-6-3 of the Unified Code of
17 Corrections.
 
18     Section 15. The Sex Offender and Child Murderer Community
19 Notification Law is amended by changing Section 120 as follows:
 
20     (730 ILCS 152/120)
21     Sec. 120. Community notification of sex offenders.
22     (a) The sheriff of the county, except Cook County, shall
23 disclose to the following the name, address, date of birth,
24 place of employment, school attended, and offense or
25 adjudication of all sex offenders required to register under
26 Section 3 of the Sex Offender Registration Act:
27         (1) The boards of institutions of higher education or
28     other appropriate administrative offices of each
29     non-public institution of higher education located in the
30     county where the sex offender is required to register,
31     resides, is employed, or is attending an institution of
32     higher education; and

 

 

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1         (2) School boards of public school districts and the
2     principal or other appropriate administrative officer of
3     each nonpublic school located in the county where the sex
4     offender is required to register or is employed; and
5         (3) Child care facilities located in the county where
6     the sex offender is required to register or is employed.
7     (a-2) The sheriff of Cook County shall disclose to the
8 following the name, address, date of birth, place of
9 employment, school attended, and offense or adjudication of all
10 sex offenders required to register under Section 3 of the Sex
11 Offender Registration Act:
12         (1) School boards of public school districts and the
13     principal or other appropriate administrative officer of
14     each nonpublic school located within the region of Cook
15     County, as those public school districts and nonpublic
16     schools are identified in LEADS, other than the City of
17     Chicago, where the sex offender is required to register or
18     is employed; and
19         (2) Child care facilities located within the region of
20     Cook County, as those child care facilities are identified
21     in LEADS, other than the City of Chicago, where the sex
22     offender is required to register or is employed; and
23         (3) The boards of institutions of higher education or
24     other appropriate administrative offices of each
25     non-public institution of higher education located in the
26     county, other than the City of Chicago, where the sex
27     offender is required to register, resides, is employed, or
28     attending an institution of higher education.
29     (a-3) The Chicago Police Department shall disclose to the
30 following the name, address, date of birth, place of
31 employment, school attended, and offense or adjudication of all
32 sex offenders required to register under Section 3 of the Sex
33 Offender Registration Act:
34         (1) School boards of public school districts and the
35     principal or other appropriate administrative officer of
36     each nonpublic school located in the police district where

 

 

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1     the sex offender is required to register or is employed if
2     the offender is required to register or is employed in the
3     City of Chicago; and
4         (2) Child care facilities located in the police
5     district where the sex offender is required to register or
6     is employed if the offender is required to register or is
7     employed in the City of Chicago; and
8         (3) The boards of institutions of higher education or
9     other appropriate administrative offices of each
10     non-public institution of higher education located in the
11     police district where the sex offender is required to
12     register, resides, is employed, or attending an
13     institution of higher education in the City of Chicago.
14     (a-4) The Department of State Police shall provide a list
15 of sex offenders required to register to the Illinois
16 Department of Children and Family Services.
17     (b) The Department of State Police and any law enforcement
18 agency may disclose, in the Department's or agency's
19 discretion, the following information to any person likely to
20 encounter a sex offender, or sexual predator:
21         (1) The offender's name, address, and date of birth.
22         (2) The offense for which the offender was convicted.
23         (3) Adjudication as a sexually dangerous person.
24         (4) The offender's photograph or other such
25     information that will help identify the sex offender.
26         (5) Offender employment information, to protect public
27     safety.
28     (c) The name, address, date of birth, and offense or
29 adjudication for sex offenders required to register under
30 Section 3 of the Sex Offender Registration Act shall be open to
31 inspection by the public as provided in this Section. Every
32 municipal police department shall make available at its
33 headquarters the information on all sex offenders who are
34 required to register in the municipality under the Sex Offender
35 Registration Act. The sheriff shall also make available at his
36 or her headquarters the information on all sex offenders who

 

 

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1 are required to register under that Act and who live in
2 unincorporated areas of the county. Sex offender information
3 must be made available for public inspection to any person, no
4 later than 72 hours or 3 business days from the date of the
5 request. The request must be made in person, in writing, or by
6 telephone. Availability must include giving the inquirer
7 access to a facility where the information may be copied. A
8 department or sheriff may charge a fee, but the fee may not
9 exceed the actual costs of copying the information. An inquirer
10 must be allowed to copy this information in his or her own
11 handwriting. A department or sheriff must allow access to the
12 information during normal public working hours. The sheriff or
13 a municipal police department may publish the photographs of
14 sex offenders where any victim was 13 years of age or younger
15 and who are required to register in the municipality or county
16 under the Sex Offender Registration Act in a newspaper or
17 magazine of general circulation in the municipality or county
18 or may disseminate the photographs of those sex offenders on
19 the Internet or on television. The law enforcement agency may
20 make available the information on all sex offenders residing
21 within any county.
22     (d) The Department of State Police and any law enforcement
23 agency having jurisdiction may, in the Department's or agency's
24 discretion, place the information specified in subsection (b)
25 on the Internet or in other media.
26     (e) The Department of State Police and any law enforcement
27 agency having jurisdiction may, in the Department's or agency's
28 discretion, only provide the information specified in
29 subsection (b), with respect to an adjudicated juvenile
30 delinquent, to any person when that person's safety may be
31 compromised for some reason related to the juvenile sex
32 offender.
33     (f) The administrator of a transitional housing facility
34 for sex offenders shall comply with the notification procedures
35 established in paragraph (4) of subsection (b) of Section
36 3-17-5 of the Unified Code of Corrections.

 

 

HB0350 Enrolled - 38 - LRB094 05157 RLC 35198 b

1 (Source: P.A. 91-48, eff. 7-1-99; 91-221, eff. 7-22-99; 91-224,
2 eff. 7-1-00; 91-357, eff. 7-29-99; 91-394, eff. 1-1-00; 92-16,
3 6-28-01; 92-828, eff. 8-22-02.)
 
4     Section 99. Effective date. This Act takes effect upon
5 becoming law.