96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0463

 

Introduced 2/4/2009, by Rep. Brandon W. Phelps

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-3-7   from Ch. 38, par. 1003-3-7
730 ILCS 5/5-6-3   from Ch. 38, par. 1005-6-3
730 ILCS 5/5-6-3.1   from Ch. 38, par. 1005-6-3.1

    Amends the Unified Code of Corrections. Provides that a person serving a mandatory supervised release term, probation, or supervision for an offense that would qualify the offender as a sex offender under the Sex Offender Registration Act committed on or after the effective date of the amendatory Act, where the trier of fact at the offender's trial made a finding that a computer or any other device with Internet capability was used to facilitate the commission of the offense shall: (1) not access or use a computer or any other device with Internet capability without the prior written approval of specified officials; (2) submit to periodic unannounced examinations of the offender's computer or any other device with Internet capability by certain specified officials; (3) submit to the installation on the offender's computer or device with Internet capability, at the offender's expense, of one or more hardware or software systems to monitor the Internet use; and (4) submit to any other appropriate restrictions concerning the offender's use of or access to a computer or any other device with Internet capability.


LRB096 04746 RLC 14810 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0463 LRB096 04746 RLC 14810 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, 5-6-3, and 5-6-3.1 as follows:
 
6     (730 ILCS 5/3-3-7)  (from Ch. 38, par. 1003-3-7)
7     (Text of Section after amendment by P.A. 95-983)
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;

 

 

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1         (5) attend or reside in a facility established for the
2     instruction or residence of persons on parole or mandatory
3     supervised release;
4         (6) secure permission before visiting or writing a
5     committed person in an Illinois Department of Corrections
6     facility;
7         (7) report all arrests to an agent of the Department of
8     Corrections as soon as permitted by the arresting authority
9     but in no event later than 24 hours after release from
10     custody;
11         (7.5) if convicted of a sex offense as defined in the
12     Sex Offender Management Board Act, the individual shall
13     undergo and successfully complete sex offender treatment
14     conducted in conformance with the standards developed by
15     the Sex Offender Management Board Act by a treatment
16     provider approved by the Board;
17         (7.6) if convicted of a sex offense as defined in the
18     Sex Offender Management Board Act, refrain from residing at
19     the same address or in the same condominium unit or
20     apartment unit or in the same condominium complex or
21     apartment complex with another person he or she knows or
22     reasonably should know is a convicted sex offender or has
23     been placed on supervision for a sex offense; the
24     provisions of this paragraph do not apply to a person
25     convicted of a sex offense who is placed in a Department of
26     Corrections licensed transitional housing facility for sex

 

 

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1     offenders, or is in any facility operated or licensed by
2     the Department of Children and Family Services or by the
3     Department of Human Services, or is in any licensed medical
4     facility;
5         (7.7) if convicted for an offense that would qualify
6     the accused as a sexual predator under the Sex Offender
7     Registration Act on or after the effective date of this
8     amendatory Act of the 94th General Assembly, wear an
9     approved electronic monitoring device as defined in
10     Section 5-8A-2 for the duration of the person's parole,
11     mandatory supervised release term, or extended mandatory
12     supervised release term;
13         (7.8) if convicted for an offense committed on or after
14     the effective date of this amendatory Act of the 95th
15     General Assembly that would qualify the accused as a child
16     sex offender as defined in Section 11-9.3 or 11-9.4 of the
17     Criminal Code of 1961, refrain from communicating with or
18     contacting, by means of the Internet, a person who is not
19     related to the accused and whom the accused reasonably
20     believes to be under 18 years of age; for purposes of this
21     paragraph (7.8), "Internet" has the meaning ascribed to it
22     in Section 16J-5 of the Criminal Code of 1961; and a person
23     is not related to the accused if the person is not: (i) the
24     spouse, brother, or sister of the accused; (ii) a
25     descendant of the accused; (iii) a first or second cousin
26     of the accused; or (iv) a step-child or adopted child of

 

 

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1     the accused;
2         (7.9) if convicted under Section 11-6, 11-20.1,
3     11-20.3, or 11-21 of the Criminal Code of 1961, consent to
4     search of computers, PDAs, cellular phones, and other
5     devices under his or her control that are capable of
6     accessing the Internet or storing electronic files, in
7     order to confirm Internet protocol addresses reported in
8     accordance with the Sex Offender Registration Act and
9     compliance with conditions in this Act;
10         (7.10) if convicted for an offense that would qualify
11     the accused as a sex offender or sexual predator under the
12     Sex Offender Registration Act on or after the effective
13     date of this amendatory Act of the 95th General Assembly,
14     not possess prescription drugs for erectile dysfunction;
15         (7.11) if convicted for an offense under Section 11-6,
16     11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal
17     Code of 1961, or any attempt to commit any of these
18     offenses, committed on or after June 1, 2009 (the effective
19     date of Public Act 95-983) this amendatory Act of the 95th
20     General Assembly:
21             (i) not access or use a computer or any other
22         device with Internet capability without the prior
23         written approval of the Department;
24             (ii) submit to periodic unannounced examinations
25         of the offender's computer or any other device with
26         Internet capability by the offender's supervising

 

 

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1         agent, a law enforcement officer, or assigned computer
2         or information technology specialist, including the
3         retrieval and copying of all data from the computer or
4         device and any internal or external peripherals and
5         removal of such information, equipment, or device to
6         conduct a more thorough inspection;
7             (iii) submit to the installation on the offender's
8         computer or device with Internet capability, at the
9         offender's expense, of one or more hardware or software
10         systems to monitor the Internet use; and
11             (iv) submit to any other appropriate restrictions
12         concerning the offender's use of or access to a
13         computer or any other device with Internet capability
14         imposed by the Board, the Department or the offender's
15         supervising agent;
16         (7.12) if convicted for an offense that would qualify
17     the subject as a sex offender or sexual predator under the
18     Sex Offender Registration Act committed on or after the
19     effective date of this amendatory Act of the 96th General
20     Assembly, where the trier of fact at the subject's trial
21     made a finding that a computer or any other device with
22     Internet capability was used to facilitate the commission
23     of the offense:
24             (i) not access or use a computer or any other
25         device with Internet capability without the prior
26         written approval of the Board; except the subject may

 

 

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1         use a computer or any other device with Internet
2         capability in connection with that subject's
3         employment or search for employment with the prior
4         approval of the person's supervising officer;
5             (ii) submit to periodic unannounced examinations
6         of the person's computer or any other device with
7         Internet capability by the subject's supervising
8         officer, a law enforcement officer, or assigned
9         computer or information technology specialist,
10         including the retrieval and copying of all data from
11         the computer or device and any internal or external
12         peripherals and removal of such information,
13         equipment, or device to conduct a more thorough
14         inspection;
15             (iii) submit to the installation on the subject's
16         computer or device with Internet capability, at the
17         subject's expense, of one or more hardware or software
18         systems to monitor the Internet use; and
19             (iv) submit to any other appropriate restrictions
20         concerning the subject's use of or access to a computer
21         or any other device with Internet capability imposed by
22         the Board.
23         For purposes of this paragraph (7.12):
24             "Computer" has the meaning ascribed to it in
25         Section 16J-5 of the Criminal Code of 1961.
26             "Internet" means the global information system

 

 

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1         that is logically linked together by a globally unique
2         address space based on the Internet Protocol (IP), or
3         its subsequent extensions, and that is able to support
4         communications using the Transmission Control
5         Protocol/Internet Protocol (TCP/IP) suite, or its
6         subsequent extensions, or other IP-compatible
7         protocols, and that provides, uses, or makes
8         accessible, either publicly or privately, high level
9         services layered on the communications and related
10         infrastructure;
11         (8) obtain permission of an agent of the Department of
12     Corrections before leaving the State of Illinois;
13         (9) obtain permission of an agent of the Department of
14     Corrections before changing his or her residence or
15     employment;
16         (10) consent to a search of his or her person,
17     property, or residence under his or her control;
18         (11) refrain from the use or possession of narcotics or
19     other controlled substances in any form, or both, or any
20     paraphernalia related to those substances and submit to a
21     urinalysis test as instructed by a parole agent of the
22     Department of Corrections;
23         (12) not frequent places where controlled substances
24     are illegally sold, used, distributed, or administered;
25         (13) not knowingly associate with other persons on
26     parole or mandatory supervised release without prior

 

 

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1     written permission of his or her parole agent and not
2     associate with persons who are members of an organized gang
3     as that term is defined in the Illinois Streetgang
4     Terrorism Omnibus Prevention Act;
5         (14) provide true and accurate information, as it
6     relates to his or her adjustment in the community while on
7     parole or mandatory supervised release or to his or her
8     conduct while incarcerated, in response to inquiries by his
9     or her parole agent or of the Department of Corrections;
10         (15) follow any specific instructions provided by the
11     parole agent that are consistent with furthering
12     conditions set and approved by the Prisoner Review Board or
13     by law, exclusive of placement on electronic detention, to
14     achieve the goals and objectives of his or her parole or
15     mandatory supervised release or to protect the public.
16     These instructions by the parole agent may be modified at
17     any time, as the agent deems appropriate;
18         (16) if convicted of a sex offense as defined in
19     subsection (a-5) of Section 3-1-2 of this Code, unless the
20     offender is a parent or guardian of the person under 18
21     years of age present in the home and no non-familial minors
22     are present, not participate in a holiday event involving
23     children under 18 years of age, such as distributing candy
24     or other items to children on Halloween, wearing a Santa
25     Claus costume on or preceding Christmas, being employed as
26     a department store Santa Claus, or wearing an Easter Bunny

 

 

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1     costume on or preceding Easter; and
2         (17) if convicted of a violation of an order of
3     protection under Section 12-30 of the Criminal Code of
4     1961, be placed under electronic surveillance as provided
5     in Section 5-8A-7 of this Code.
6     (b) The Board may in addition to other conditions require
7 that the subject:
8         (1) work or pursue a course of study or vocational
9     training;
10         (2) undergo medical or psychiatric treatment, or
11     treatment for drug addiction or alcoholism;
12         (3) attend or reside in a facility established for the
13     instruction or residence of persons on probation or parole;
14         (4) support his dependents;
15         (5) (blank);
16         (6) (blank);
17         (7) comply with the terms and conditions of an order of
18     protection issued pursuant to the Illinois Domestic
19     Violence Act of 1986, enacted by the 84th General Assembly,
20     or an order of protection issued by the court of another
21     state, tribe, or United States territory;
22         (7.5) if convicted for an offense committed on or after
23     the effective date of this amendatory Act of the 95th
24     General Assembly that would qualify the accused as a child
25     sex offender as defined in Section 11-9.3 or 11-9.4 of the
26     Criminal Code of 1961, refrain from communicating with or

 

 

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1     contacting, by means of the Internet, a person who is
2     related to the accused and whom the accused reasonably
3     believes to be under 18 years of age; for purposes of this
4     paragraph (7.5), "Internet" has the meaning ascribed to it
5     in Section 16J-5 of the Criminal Code of 1961; and a person
6     is related to the accused if the person is: (i) the spouse,
7     brother, or sister of the accused; (ii) a descendant of the
8     accused; (iii) a first or second cousin of the accused; or
9     (iv) a step-child or adopted child of the accused;
10         (7.6) if convicted for an offense committed on or after
11     June 1, 2009 (the effective date of Public Act 95-983) this
12     amendatory Act of the 95th General Assembly that would
13     qualify as a sex offense as defined in the Sex Offender
14     Registration Act:
15             (i) not access or use a computer or any other
16         device with Internet capability without the prior
17         written approval of the Department;
18             (ii) submit to periodic unannounced examinations
19         of the offender's computer or any other device with
20         Internet capability by the offender's supervising
21         agent, a law enforcement officer, or assigned computer
22         or information technology specialist, including the
23         retrieval and copying of all data from the computer or
24         device and any internal or external peripherals and
25         removal of such information, equipment, or device to
26         conduct a more thorough inspection;

 

 

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1             (iii) submit to the installation on the offender's
2         computer or device with Internet capability, at the
3         offender's expense, of one or more hardware or software
4         systems to monitor the Internet use; and
5             (iv) submit to any other appropriate restrictions
6         concerning the offender's use of or access to a
7         computer or any other device with Internet capability
8         imposed by the Board, the Department or the offender's
9         supervising agent; and
10         (8) in addition, if a minor:
11             (i) reside with his parents or in a foster home;
12             (ii) attend school;
13             (iii) attend a non-residential program for youth;
14         or
15             (iv) contribute to his own support at home or in a
16         foster home.
17     (b-1) In addition to the conditions set forth in
18 subsections (a) and (b), persons required to register as sex
19 offenders pursuant to the Sex Offender Registration Act, upon
20 release from the custody of the Illinois Department of
21 Corrections, may be required by the Board to comply with the
22 following specific conditions of release:
23         (1) reside only at a Department approved location;
24         (2) comply with all requirements of the Sex Offender
25     Registration Act;
26         (3) notify third parties of the risks that may be

 

 

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1     occasioned by his or her criminal record;
2         (4) obtain the approval of an agent of the Department
3     of Corrections prior to accepting employment or pursuing a
4     course of study or vocational training and notify the
5     Department prior to any change in employment, study, or
6     training;
7         (5) not be employed or participate in any volunteer
8     activity that involves contact with children, except under
9     circumstances approved in advance and in writing by an
10     agent of the Department of Corrections;
11         (6) be electronically monitored for a minimum of 12
12     months from the date of release as determined by the Board;
13         (7) refrain from entering into a designated geographic
14     area except upon terms approved in advance by an agent of
15     the Department of Corrections. The terms may include
16     consideration of the purpose of the entry, the time of day,
17     and others accompanying the person;
18         (8) refrain from having any contact, including written
19     or oral communications, directly or indirectly, personally
20     or by telephone, letter, or through a third party with
21     certain specified persons including, but not limited to,
22     the victim or the victim's family without the prior written
23     approval of an agent of the Department of Corrections;
24         (9) refrain from all contact, directly or indirectly,
25     personally, by telephone, letter, or through a third party,
26     with minor children without prior identification and

 

 

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1     approval of an agent of the Department of Corrections;
2         (10) neither possess or have under his or her control
3     any material that is sexually oriented, sexually
4     stimulating, or that shows male or female sex organs or any
5     pictures depicting children under 18 years of age nude or
6     any written or audio material describing sexual
7     intercourse or that depicts or alludes to sexual activity,
8     including but not limited to visual, auditory, telephonic,
9     or electronic media, or any matter obtained through access
10     to any computer or material linked to computer access use;
11         (11) not patronize any business providing sexually
12     stimulating or sexually oriented entertainment nor utilize
13     "900" or adult telephone numbers;
14         (12) not reside near, visit, or be in or about parks,
15     schools, day care centers, swimming pools, beaches,
16     theaters, or any other places where minor children
17     congregate without advance approval of an agent of the
18     Department of Corrections and immediately report any
19     incidental contact with minor children to the Department;
20         (13) not possess or have under his or her control
21     certain specified items of contraband related to the
22     incidence of sexually offending as determined by an agent
23     of the Department of Corrections;
24         (14) may be required to provide a written daily log of
25     activities if directed by an agent of the Department of
26     Corrections;

 

 

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1         (15) comply with all other special conditions that the
2     Department may impose that restrict the person from
3     high-risk situations and limit access to potential
4     victims;
5         (16) take an annual polygraph exam;
6         (17) maintain a log of his or her travel; or
7         (18) obtain prior approval of his or her parole officer
8     before driving alone in a motor vehicle.
9     (c) The conditions under which the parole or mandatory
10 supervised release is to be served shall be communicated to the
11 person in writing prior to his release, and he shall sign the
12 same before release. A signed copy of these conditions,
13 including a copy of an order of protection where one had been
14 issued by the criminal court, shall be retained by the person
15 and another copy forwarded to the officer in charge of his
16 supervision.
17     (d) After a hearing under Section 3-3-9, the Prisoner
18 Review Board may modify or enlarge the conditions of parole or
19 mandatory supervised release.
20     (e) The Department shall inform all offenders committed to
21 the Department of the optional services available to them upon
22 release and shall assist inmates in availing themselves of such
23 optional services upon their release on a voluntary basis.
24     (f) When the subject is in compliance with all conditions
25 of his or her parole or mandatory supervised release, the
26 subject shall receive a reduction of the period of his or her

 

 

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1 parole or mandatory supervised release of 90 days upon passage
2 of the high school level Test of General Educational
3 Development during the period of his or her parole or mandatory
4 supervised release. This reduction in the period of a subject's
5 term of parole or mandatory supervised release shall be
6 available only to subjects who have not previously earned a
7 high school diploma or who have not previously passed the high
8 school level Test of General Educational Development.
9 (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05;
10 94-988, eff. 1-1-07; 95-464, eff. 6-1-08; 95-539, eff. 1-1-08;
11 95-579, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09;
12 95-876, eff. 8-21-08; 95-983, eff. 6-1-09; revised 10-20-08.)
 
13     (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
14     (Text of Section after amendment by P.A. 95-983)
15     Sec. 5-6-3. Conditions of Probation and of Conditional
16 Discharge.
17     (a) The conditions of probation and of conditional
18 discharge shall be that the person:
19         (1) not violate any criminal statute of any
20     jurisdiction;
21         (2) report to or appear in person before such person or
22     agency as directed by the court;
23         (3) refrain from possessing a firearm or other
24     dangerous weapon;
25         (4) not leave the State without the consent of the

 

 

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1     court or, in circumstances in which the reason for the
2     absence is of such an emergency nature that prior consent
3     by the court is not possible, without the prior
4     notification and approval of the person's probation
5     officer. Transfer of a person's probation or conditional
6     discharge supervision to another state is subject to
7     acceptance by the other state pursuant to the Interstate
8     Compact for Adult Offender Supervision;
9         (5) permit the probation officer to visit him at his
10     home or elsewhere to the extent necessary to discharge his
11     duties;
12         (6) perform no less than 30 hours of community service
13     and not more than 120 hours of community service, if
14     community service is available in the jurisdiction and is
15     funded and approved by the county board where the offense
16     was committed, where the offense was related to or in
17     furtherance of the criminal activities of an organized gang
18     and was motivated by the offender's membership in or
19     allegiance to an organized gang. The community service
20     shall include, but not be limited to, the cleanup and
21     repair of any damage caused by a violation of Section
22     21-1.3 of the Criminal Code of 1961 and similar damage to
23     property located within the municipality or county in which
24     the violation occurred. When possible and reasonable, the
25     community service should be performed in the offender's
26     neighborhood. For purposes of this Section, "organized

 

 

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1     gang" has the meaning ascribed to it in Section 10 of the
2     Illinois Streetgang Terrorism Omnibus Prevention Act;
3         (7) if he or she is at least 17 years of age and has
4     been sentenced to probation or conditional discharge for a
5     misdemeanor or felony in a county of 3,000,000 or more
6     inhabitants and has not been previously convicted of a
7     misdemeanor or felony, may be required by the sentencing
8     court to attend educational courses designed to prepare the
9     defendant for a high school diploma and to work toward a
10     high school diploma or to work toward passing the high
11     school level Test of General Educational Development (GED)
12     or to work toward completing a vocational training program
13     approved by the court. The person on probation or
14     conditional discharge must attend a public institution of
15     education to obtain the educational or vocational training
16     required by this clause (7). The court shall revoke the
17     probation or conditional discharge of a person who wilfully
18     fails to comply with this clause (7). The person on
19     probation or conditional discharge shall be required to pay
20     for the cost of the educational courses or GED test, if a
21     fee is charged for those courses or test. The court shall
22     resentence the offender whose probation or conditional
23     discharge has been revoked as provided in Section 5-6-4.
24     This clause (7) does not apply to a person who has a high
25     school diploma or has successfully passed the GED test.
26     This clause (7) does not apply to a person who is

 

 

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1     determined by the court to be developmentally disabled or
2     otherwise mentally incapable of completing the educational
3     or vocational program;
4         (8) if convicted of possession of a substance
5     prohibited by the Cannabis Control Act, the Illinois
6     Controlled Substances Act, or the Methamphetamine Control
7     and Community Protection Act after a previous conviction or
8     disposition of supervision for possession of a substance
9     prohibited by the Cannabis Control Act or Illinois
10     Controlled Substances Act or after a sentence of probation
11     under Section 10 of the Cannabis Control Act, Section 410
12     of the Illinois Controlled Substances Act, or Section 70 of
13     the Methamphetamine Control and Community Protection Act
14     and upon a finding by the court that the person is
15     addicted, undergo treatment at a substance abuse program
16     approved by the court;
17         (8.5) if convicted of a felony sex offense as defined
18     in the Sex Offender Management Board Act, the person shall
19     undergo and successfully complete sex offender treatment
20     by a treatment provider approved by the Board and conducted
21     in conformance with the standards developed under the Sex
22     Offender Management Board Act;
23         (8.6) if convicted of a sex offense as defined in the
24     Sex Offender Management Board Act, refrain from residing at
25     the same address or in the same condominium unit or
26     apartment unit or in the same condominium complex or

 

 

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1     apartment complex with another person he or she knows or
2     reasonably should know is a convicted sex offender or has
3     been placed on supervision for a sex offense; the
4     provisions of this paragraph do not apply to a person
5     convicted of a sex offense who is placed in a Department of
6     Corrections licensed transitional housing facility for sex
7     offenders;
8         (8.7) if convicted for an offense committed on or after
9     June 1, 2008 (the effective date of Public Act 95-464) this
10     amendatory Act of the 95th General Assembly that would
11     qualify the accused as a child sex offender as defined in
12     Section 11-9.3 or 11-9.4 of the Criminal Code of 1961,
13     refrain from communicating with or contacting, by means of
14     the Internet, a person who is not related to the accused
15     and whom the accused reasonably believes to be under 18
16     years of age; for purposes of this paragraph (8.7),
17     "Internet" has the meaning ascribed to it in Section 16J-5
18     of the Criminal Code of 1961; and a person is not related
19     to the accused if the person is not: (i) the spouse,
20     brother, or sister of the accused; (ii) a descendant of the
21     accused; (iii) a first or second cousin of the accused; or
22     (iv) a step-child or adopted child of the accused;
23         (8.8) if convicted for an offense under Section 11-6,
24     11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal
25     Code of 1961, or any attempt to commit any of these
26     offenses, committed on or after June 1, 2009 (the effective

 

 

HB0463 - 20 - LRB096 04746 RLC 14810 b

1     date of Public Act 95-983) this amendatory Act of the 95th
2     General Assembly:
3             (i) not access or use a computer or any other
4         device with Internet capability without the prior
5         written approval of the offender's probation officer,
6         except in connection with the offender's employment or
7         search for employment with the prior approval of the
8         offender's probation officer;
9             (ii) submit to periodic unannounced examinations
10         of the offender's computer or any other device with
11         Internet capability by the offender's probation
12         officer, a law enforcement officer, or assigned
13         computer or information technology specialist,
14         including the retrieval and copying of all data from
15         the computer or device and any internal or external
16         peripherals and removal of such information,
17         equipment, or device to conduct a more thorough
18         inspection;
19             (iii) submit to the installation on the offender's
20         computer or device with Internet capability, at the
21         offender's expense, of one or more hardware or software
22         systems to monitor the Internet use; and
23             (iv) submit to any other appropriate restrictions
24         concerning the offender's use of or access to a
25         computer or any other device with Internet capability
26         imposed by the offender's probation officer;

 

 

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1         (8.9) if convicted for an offense that would qualify
2     the person as a sex offender or sexual predator under the
3     Sex Offender Registration Act committed on or after the
4     effective date of this amendatory Act of the 96th General
5     Assembly, where the trier of fact at the person's trial
6     made a finding that a computer or any other device with
7     Internet capability was used to facilitate the commission
8     of the offense:
9             (i) not access or use a computer or any other
10         device with Internet capability without the prior
11         written approval of the person's probation officer;
12         except the person may use a computer or any other
13         device with Internet capability in connection with
14         that person's employment or search for employment with
15         the prior approval of the person's probation officer;
16             (ii) submit to periodic unannounced examinations
17         of the person's computer or any other device with
18         Internet capability by the person's probation officer,
19         a law enforcement officer, or assigned computer or
20         information technology specialist, including the
21         retrieval and copying of all data from the computer or
22         device and any internal or external peripherals and
23         removal of such information, equipment, or device to
24         conduct a more thorough inspection;
25             (iii) submit to the installation on the person's
26         computer or device with Internet capability, at the

 

 

HB0463 - 22 - LRB096 04746 RLC 14810 b

1         person's expense, of one or more hardware or software
2         systems to monitor the Internet use; and
3             (iv) submit to any other appropriate restrictions
4         concerning the person's use of or access to a computer
5         or any other device with Internet capability imposed by
6         the person's probation officer.
7         For purposes of this paragraph (8.9):
8             "Computer" has the meaning ascribed to it in
9         Section 16J-5 of the Criminal Code of 1961.
10             "Internet" means the global information system
11         that is logically linked together by a globally unique
12         address space based on the Internet Protocol (IP), or
13         its subsequent extensions, and that is able to support
14         communications using the Transmission Control
15         Protocol/Internet Protocol (TCP/IP) suite, or its
16         subsequent extensions, or other IP-compatible
17         protocols, and that provides, uses, or makes
18         accessible, either publicly or privately, high level
19         services layered on the communications and related
20         infrastructure;
21         (9) if convicted of a felony, physically surrender at a
22     time and place designated by the court, his or her Firearm
23     Owner's Identification Card and any and all firearms in his
24     or her possession; and
25         (10) if convicted of a sex offense as defined in
26     subsection (a-5) of Section 3-1-2 of this Code, unless the

 

 

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1     offender is a parent or guardian of the person under 18
2     years of age present in the home and no non-familial minors
3     are present, not participate in a holiday event involving
4     children under 18 years of age, such as distributing candy
5     or other items to children on Halloween, wearing a Santa
6     Claus costume on or preceding Christmas, being employed as
7     a department store Santa Claus, or wearing an Easter Bunny
8     costume on or preceding Easter.
9     (b) The Court may in addition to other reasonable
10 conditions relating to the nature of the offense or the
11 rehabilitation of the defendant as determined for each
12 defendant in the proper discretion of the Court require that
13 the person:
14         (1) serve a term of periodic imprisonment under Article
15     7 for a period not to exceed that specified in paragraph
16     (d) of Section 5-7-1;
17         (2) pay a fine and costs;
18         (3) work or pursue a course of study or vocational
19     training;
20         (4) undergo medical, psychological or psychiatric
21     treatment; or treatment for drug addiction or alcoholism;
22         (5) attend or reside in a facility established for the
23     instruction or residence of defendants on probation;
24         (6) support his dependents;
25         (7) and in addition, if a minor:
26             (i) reside with his parents or in a foster home;

 

 

HB0463 - 24 - LRB096 04746 RLC 14810 b

1             (ii) attend school;
2             (iii) attend a non-residential program for youth;
3             (iv) contribute to his own support at home or in a
4         foster home;
5             (v) with the consent of the superintendent of the
6         facility, attend an educational program at a facility
7         other than the school in which the offense was
8         committed if he or she is convicted of a crime of
9         violence as defined in Section 2 of the Crime Victims
10         Compensation Act committed in a school, on the real
11         property comprising a school, or within 1,000 feet of
12         the real property comprising a school;
13         (8) make restitution as provided in Section 5-5-6 of
14     this Code;
15         (9) perform some reasonable public or community
16     service;
17         (10) serve a term of home confinement. In addition to
18     any other applicable condition of probation or conditional
19     discharge, the conditions of home confinement shall be that
20     the offender:
21             (i) remain within the interior premises of the
22         place designated for his confinement during the hours
23         designated by the court;
24             (ii) admit any person or agent designated by the
25         court into the offender's place of confinement at any
26         time for purposes of verifying the offender's

 

 

HB0463 - 25 - LRB096 04746 RLC 14810 b

1         compliance with the conditions of his confinement; and
2             (iii) if further deemed necessary by the court or
3         the Probation or Court Services Department, be placed
4         on an approved electronic monitoring device, subject
5         to Article 8A of Chapter V;
6             (iv) for persons convicted of any alcohol,
7         cannabis or controlled substance violation who are
8         placed on an approved monitoring device as a condition
9         of probation or conditional discharge, the court shall
10         impose a reasonable fee for each day of the use of the
11         device, as established by the county board in
12         subsection (g) of this Section, unless after
13         determining the inability of the offender to pay the
14         fee, the court assesses a lesser fee or no fee as the
15         case may be. This fee shall be imposed in addition to
16         the fees imposed under subsections (g) and (i) of this
17         Section. The fee shall be collected by the clerk of the
18         circuit court. The clerk of the circuit court shall pay
19         all monies collected from this fee to the county
20         treasurer for deposit in the substance abuse services
21         fund under Section 5-1086.1 of the Counties Code; and
22             (v) for persons convicted of offenses other than
23         those referenced in clause (iv) above and who are
24         placed on an approved monitoring device as a condition
25         of probation or conditional discharge, the court shall
26         impose a reasonable fee for each day of the use of the

 

 

HB0463 - 26 - LRB096 04746 RLC 14810 b

1         device, as established by the county board in
2         subsection (g) of this Section, unless after
3         determining the inability of the defendant to pay the
4         fee, the court assesses a lesser fee or no fee as the
5         case may be. This fee shall be imposed in addition to
6         the fees imposed under subsections (g) and (i) of this
7         Section. The fee shall be collected by the clerk of the
8         circuit court. The clerk of the circuit court shall pay
9         all monies collected from this fee to the county
10         treasurer who shall use the monies collected to defray
11         the costs of corrections. The county treasurer shall
12         deposit the fee collected in the county working cash
13         fund 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 order
16     of protection issued by the court pursuant to the Illinois
17     Domestic Violence Act of 1986, as now or hereafter amended,
18     or an order of protection issued by the court of another
19     state, tribe, or United States territory. A copy of the
20     order of protection shall be transmitted to the probation
21     officer or agency having responsibility for the case;
22         (12) reimburse any "local anti-crime program" as
23     defined in Section 7 of the Anti-Crime Advisory Council Act
24     for any reasonable expenses incurred by the program on the
25     offender's case, not to exceed the maximum amount of the
26     fine authorized for the offense for which the defendant was

 

 

HB0463 - 27 - LRB096 04746 RLC 14810 b

1     sentenced;
2         (13) contribute a reasonable sum of money, not to
3     exceed the maximum amount of the fine authorized for the
4     offense for which the defendant was sentenced, (i) to a
5     "local anti-crime program", as defined in Section 7 of the
6     Anti-Crime Advisory Council Act, or (ii) for offenses under
7     the jurisdiction of the Department of Natural Resources, to
8     the fund established by the Department of Natural Resources
9     for the purchase of evidence for investigation purposes and
10     to conduct investigations as outlined in Section 805-105 of
11     the Department of Natural Resources (Conservation) Law;
12         (14) refrain from entering into a designated
13     geographic area except upon such terms as the court finds
14     appropriate. Such terms may include consideration of the
15     purpose of the entry, the time of day, other persons
16     accompanying the defendant, and advance approval by a
17     probation officer, if the defendant has been placed on
18     probation or advance approval by the court, if the
19     defendant was placed on conditional discharge;
20         (15) refrain from having any contact, directly or
21     indirectly, with certain specified persons or particular
22     types of persons, including but not limited to members of
23     street gangs and drug users or dealers;
24         (16) refrain from having in his or her body the
25     presence of any illicit drug prohibited by the Cannabis
26     Control Act, the Illinois Controlled Substances Act, or the

 

 

HB0463 - 28 - LRB096 04746 RLC 14810 b

1     Methamphetamine Control and Community Protection Act,
2     unless prescribed by a physician, and submit samples of his
3     or her blood or urine or both for tests to determine the
4     presence of any illicit drug;
5         (17) if convicted for an offense committed on or after
6     June 1, 2008 (the effective date of Public Act 95-464) this
7     amendatory Act of the 95th General Assembly that would
8     qualify the accused as a child sex offender as defined in
9     Section 11-9.3 or 11-9.4 of the Criminal Code of 1961,
10     refrain from communicating with or contacting, by means of
11     the Internet, a person who is related to the accused and
12     whom the accused reasonably believes to be under 18 years
13     of age; for purposes of this paragraph (17), "Internet" has
14     the meaning ascribed to it in Section 16J-5 of the Criminal
15     Code of 1961; and a person is related to the accused if the
16     person is: (i) the spouse, brother, or sister of the
17     accused; (ii) a descendant of the accused; (iii) a first or
18     second cousin of the accused; or (iv) a step-child or
19     adopted child of the accused; and
20         (18) if convicted for an offense committed on or after
21     June 1, 2009 (the effective date of Public Act 95-983) this
22     amendatory Act of the 95th General Assembly that would
23     qualify as a sex offense as defined in the Sex Offender
24     Registration Act:
25             (i) not access or use a computer or any other
26         device with Internet capability without the prior

 

 

HB0463 - 29 - LRB096 04746 RLC 14810 b

1         written approval of the offender's probation officer,
2         except in connection with the offender's employment or
3         search for employment with the prior approval of the
4         offender's probation officer;
5             (ii) submit to periodic unannounced examinations
6         of the offender's computer or any other device with
7         Internet capability by the offender's probation
8         officer, a law enforcement officer, or assigned
9         computer or information technology specialist,
10         including the retrieval and copying of all data from
11         the computer or device and any internal or external
12         peripherals and removal of such information,
13         equipment, or device to conduct a more thorough
14         inspection;
15             (iii) submit to the installation on the offender's
16         computer or device with Internet capability, at the
17         subject's expense, of one or more hardware or software
18         systems to monitor the Internet use; and
19             (iv) submit to any other appropriate restrictions
20         concerning the offender's use of or access to a
21         computer or any other device with Internet capability
22         imposed by the offender's probation officer.
23     (c) The court may as a condition of probation or of
24 conditional discharge require that a person under 18 years of
25 age found guilty of any alcohol, cannabis or controlled
26 substance violation, refrain from acquiring a driver's license

 

 

HB0463 - 30 - LRB096 04746 RLC 14810 b

1 during the period of probation or conditional discharge. If
2 such person is in possession of a permit or license, the court
3 may require that the minor refrain from driving or operating
4 any motor vehicle during the period of probation or conditional
5 discharge, except as may be necessary in the course of the
6 minor's lawful employment.
7     (d) An offender sentenced to probation or to conditional
8 discharge shall be given a certificate setting forth the
9 conditions thereof.
10     (e) Except where the offender has committed a fourth or
11 subsequent violation of subsection (c) of Section 6-303 of the
12 Illinois Vehicle Code, the court shall not require as a
13 condition of the sentence of probation or conditional discharge
14 that the offender be committed to a period of imprisonment in
15 excess of 6 months. This 6 month limit shall not include
16 periods of confinement given pursuant to a sentence of county
17 impact incarceration under Section 5-8-1.2.
18     Persons committed to imprisonment as a condition of
19 probation or conditional discharge shall not be committed to
20 the Department of Corrections.
21     (f) The court may combine a sentence of periodic
22 imprisonment under Article 7 or a sentence to a county impact
23 incarceration program under Article 8 with a sentence of
24 probation or conditional discharge.
25     (g) An offender sentenced to probation or to conditional
26 discharge and who during the term of either undergoes mandatory

 

 

HB0463 - 31 - LRB096 04746 RLC 14810 b

1 drug or alcohol testing, or both, or is assigned to be placed
2 on an approved electronic monitoring device, shall be ordered
3 to pay all costs incidental to such mandatory drug or alcohol
4 testing, or both, and all costs incidental to such approved
5 electronic monitoring in accordance with the defendant's
6 ability to pay those costs. The county board with the
7 concurrence of the Chief Judge of the judicial circuit in which
8 the county is located shall establish reasonable fees for the
9 cost of maintenance, testing, and incidental expenses related
10 to the mandatory drug or alcohol testing, or both, and all
11 costs incidental to approved electronic monitoring, involved
12 in a successful probation program for the county. The
13 concurrence of the Chief Judge shall be in the form of an
14 administrative order. The fees shall be collected by the clerk
15 of the circuit court. The clerk of the circuit court shall pay
16 all moneys collected from these fees to the county treasurer
17 who shall use the moneys collected to defray the costs of drug
18 testing, alcohol testing, and electronic monitoring. The
19 county treasurer shall deposit the fees collected in the county
20 working cash fund under Section 6-27001 or Section 6-29002 of
21 the Counties Code, as the case may be.
22     (h) Jurisdiction over an offender may be transferred from
23 the sentencing court to the court of another circuit with the
24 concurrence of both courts. Further transfers or retransfers of
25 jurisdiction are also authorized in the same manner. The court
26 to which jurisdiction has been transferred shall have the same

 

 

HB0463 - 32 - LRB096 04746 RLC 14810 b

1 powers as the sentencing court.
2     (i) The court shall impose upon an offender sentenced to
3 probation after January 1, 1989 or to conditional discharge
4 after January 1, 1992 or to community service under the
5 supervision of a probation or court services department after
6 January 1, 2004, as a condition of such probation or
7 conditional discharge or supervised community service, a fee of
8 $50 for each month of probation or conditional discharge
9 supervision or supervised community service ordered by the
10 court, unless after determining the inability of the person
11 sentenced to probation or conditional discharge or supervised
12 community service to pay the fee, the court assesses a lesser
13 fee. The court may not impose the fee on a minor who is made a
14 ward of the State under the Juvenile Court Act of 1987 while
15 the minor is in placement. The fee shall be imposed only upon
16 an offender who is actively supervised by the probation and
17 court services department. The fee shall be collected by the
18 clerk of the circuit court. The clerk of the circuit court
19 shall pay all monies collected from this fee to the county
20 treasurer for deposit in the probation and court services fund
21 under Section 15.1 of the Probation and Probation Officers Act.
22     A circuit court may not impose a probation fee under this
23 subsection (i) in excess of $25 per month unless: (1) the
24 circuit court has adopted, by administrative order issued by
25 the chief judge, a standard probation fee guide determining an
26 offender's ability to pay, under guidelines developed by the

 

 

HB0463 - 33 - LRB096 04746 RLC 14810 b

1 Administrative Office of the Illinois Courts; and (2) the
2 circuit court has authorized, by administrative order issued by
3 the chief judge, the creation of a Crime Victim's Services
4 Fund, to be administered by the Chief Judge or his or her
5 designee, for services to crime victims and their families. Of
6 the amount collected as a probation fee, up to $5 of that fee
7 collected per month may be used to provide services to crime
8 victims and their families.
9     This amendatory Act of the 93rd General Assembly deletes
10 the $10 increase in the fee under this subsection that was
11 imposed by Public Act 93-616. This deletion is intended to
12 control over any other Act of the 93rd General Assembly that
13 retains or incorporates that fee increase.
14     (i-5) In addition to the fees imposed under subsection (i)
15 of this Section, in the case of an offender convicted of a
16 felony sex offense (as defined in the Sex Offender Management
17 Board Act) or an offense that the court or probation department
18 has determined to be sexually motivated (as defined in the Sex
19 Offender Management Board Act), the court or the probation
20 department shall assess additional fees to pay for all costs of
21 treatment, assessment, evaluation for risk and treatment, and
22 monitoring the offender, based on that offender's ability to
23 pay those costs either as they occur or under a payment plan.
24     (j) All fines and costs imposed under this Section for any
25 violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
26 Code, or a similar provision of a local ordinance, and any

 

 

HB0463 - 34 - LRB096 04746 RLC 14810 b

1 violation of the Child Passenger Protection Act, or a similar
2 provision of a local ordinance, shall be collected and
3 disbursed by the circuit clerk as provided under Section 27.5
4 of the Clerks of Courts Act.
5     (k) Any offender who is sentenced to probation or
6 conditional discharge for a felony sex offense as defined in
7 the Sex Offender Management Board Act or any offense that the
8 court or probation department has determined to be sexually
9 motivated as defined in the Sex Offender Management Board Act
10 shall be required to refrain from any contact, directly or
11 indirectly, with any persons specified by the court and shall
12 be available for all evaluations and treatment programs
13 required by the court or the probation department.
14     (l) The court may order an offender who is sentenced to
15 probation or conditional discharge for a violation of an order
16 of protection be placed under electronic surveillance as
17 provided in Section 5-8A-7 of this Code.
18 (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05;
19 94-556, eff. 9-11-05; 95-331, eff. 8-21-07; 95-464, eff.
20 6-1-08; 95-578, eff. 6-1-08; 95-696, eff. 6-1-08; 95-773, eff.
21 1-1-09; 95-876, eff. 8-21-08; 95-983, eff. 6-1-09; revised
22 10-20-08.)
 
23     (730 ILCS 5/5-6-3.1)  (from Ch. 38, par. 1005-6-3.1)
24     (Text of Section after amendment by P.A. 95-983)
25     Sec. 5-6-3.1. Incidents and Conditions of Supervision.

 

 

HB0463 - 35 - LRB096 04746 RLC 14810 b

1     (a) When a defendant is placed on supervision, the court
2 shall enter an order for supervision specifying the period of
3 such supervision, and shall defer further proceedings in the
4 case until the conclusion of the period.
5     (b) The period of supervision shall be reasonable under all
6 of the circumstances of the case, but may not be longer than 2
7 years, unless the defendant has failed to pay the assessment
8 required by Section 10.3 of the Cannabis Control Act, Section
9 411.2 of the Illinois Controlled Substances Act, or Section 80
10 of the Methamphetamine Control and Community Protection Act, in
11 which case the court may extend supervision beyond 2 years.
12 Additionally, the court shall order the defendant to perform no
13 less than 30 hours of community service and not more than 120
14 hours of community service, if community service is available
15 in the jurisdiction and is funded and approved by the county
16 board where the offense was committed, when the offense (1) was
17 related to or in furtherance of the criminal activities of an
18 organized gang or was motivated by the defendant's membership
19 in or allegiance to an organized gang; or (2) is a violation of
20 any Section of Article 24 of the Criminal Code of 1961 where a
21 disposition of supervision is not prohibited by Section 5-6-1
22 of this Code. The community service shall include, but not be
23 limited to, the cleanup and repair of any damage caused by
24 violation of Section 21-1.3 of the Criminal Code of 1961 and
25 similar damages to property located within the municipality or
26 county in which the violation occurred. Where possible and

 

 

HB0463 - 36 - LRB096 04746 RLC 14810 b

1 reasonable, the community service should be performed in the
2 offender's neighborhood.
3     For the purposes of this Section, "organized gang" has the
4 meaning ascribed to it in Section 10 of the Illinois Streetgang
5 Terrorism Omnibus Prevention Act.
6     (c) The court may in addition to other reasonable
7 conditions relating to the nature of the offense or the
8 rehabilitation of the defendant as determined for each
9 defendant in the proper discretion of the court require that
10 the person:
11         (1) make a report to and appear in person before or
12     participate with the court or such courts, person, or
13     social service agency as directed by the court in the order
14     of supervision;
15         (2) pay a fine and costs;
16         (3) work or pursue a course of study or vocational
17     training;
18         (4) undergo medical, psychological or psychiatric
19     treatment; or treatment for drug addiction or alcoholism;
20         (5) attend or reside in a facility established for the
21     instruction or residence of defendants on probation;
22         (6) support his dependents;
23         (7) refrain from possessing a firearm or other
24     dangerous weapon;
25         (8) and in addition, if a minor:
26             (i) reside with his parents or in a foster home;

 

 

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1             (ii) attend school;
2             (iii) attend a non-residential program for youth;
3             (iv) contribute to his own support at home or in a
4         foster home; or
5             (v) with the consent of the superintendent of the
6         facility, attend an educational program at a facility
7         other than the school in which the offense was
8         committed if he or she is placed on supervision for a
9         crime of violence as defined in Section 2 of the Crime
10         Victims Compensation Act committed in a school, on the
11         real property comprising a school, or within 1,000 feet
12         of the real property comprising a school;
13         (9) make restitution or reparation in an amount not to
14     exceed actual loss or damage to property and pecuniary loss
15     or make restitution under Section 5-5-6 to a domestic
16     violence shelter. The court shall determine the amount and
17     conditions of payment;
18         (10) perform some reasonable public or community
19     service;
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 or an order of protection
23     issued by the court of another state, tribe, or United
24     States territory. If the court has ordered the defendant to
25     make a report and appear in person under paragraph (1) of
26     this subsection, a copy of the order of protection shall be

 

 

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1     transmitted to the person or agency so designated by the
2     court;
3         (12) reimburse any "local anti-crime program" as
4     defined in Section 7 of the Anti-Crime Advisory Council Act
5     for any reasonable expenses incurred by the program on the
6     offender's case, not to exceed the maximum amount of the
7     fine authorized for the offense for which the defendant was
8     sentenced;
9         (13) contribute a reasonable sum of money, not to
10     exceed the maximum amount of the fine authorized for the
11     offense for which the defendant was sentenced, (i) to a
12     "local anti-crime program", as defined in Section 7 of the
13     Anti-Crime Advisory Council Act, or (ii) for offenses under
14     the jurisdiction of the Department of Natural Resources, to
15     the fund established by the Department of Natural Resources
16     for the purchase of evidence for investigation purposes and
17     to conduct investigations as outlined in Section 805-105 of
18     the Department of Natural Resources (Conservation) Law;
19         (14) refrain from entering into a designated
20     geographic area except upon such terms as the court finds
21     appropriate. Such terms may include consideration of the
22     purpose of the entry, the time of day, other persons
23     accompanying the defendant, and advance approval by a
24     probation officer;
25         (15) refrain from having any contact, directly or
26     indirectly, with certain specified persons or particular

 

 

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1     types of person, including but not limited to members of
2     street gangs and drug users or dealers;
3         (16) refrain from having in his or her body the
4     presence of any illicit drug prohibited by the Cannabis
5     Control Act, the Illinois Controlled Substances Act, or the
6     Methamphetamine Control and Community Protection Act,
7     unless prescribed by a physician, and submit samples of his
8     or her blood or urine or both for tests to determine the
9     presence of any illicit drug;
10         (17) refrain from operating any motor vehicle not
11     equipped with an ignition interlock device as defined in
12     Section 1-129.1 of the Illinois Vehicle Code; under this
13     condition the court may allow a defendant who is not
14     self-employed to operate a vehicle owned by the defendant's
15     employer that is not equipped with an ignition interlock
16     device in the course and scope of the defendant's
17     employment; and
18         (18) if placed on supervision for a sex offense as
19     defined in subsection (a-5) of Section 3-1-2 of this Code,
20     unless the offender is a parent or guardian of the person
21     under 18 years of age present in the home and no
22     non-familial minors are present, not participate in a
23     holiday event involving children under 18 years of age,
24     such as distributing candy or other items to children on
25     Halloween, wearing a Santa Claus costume on or preceding
26     Christmas, being employed as a department store Santa

 

 

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1     Claus, or wearing an Easter Bunny costume on or preceding
2     Easter.
3     (d) The court shall defer entering any judgment on the
4 charges until the conclusion of the supervision.
5     (e) At the conclusion of the period of supervision, if the
6 court determines that the defendant has successfully complied
7 with all of the conditions of supervision, the court shall
8 discharge the defendant and enter a judgment dismissing the
9 charges.
10     (f) Discharge and dismissal upon a successful conclusion of
11 a disposition of supervision shall be deemed without
12 adjudication of guilt and shall not be termed a conviction for
13 purposes of disqualification or disabilities imposed by law
14 upon conviction of a crime. Two years after the discharge and
15 dismissal under this Section, unless the disposition of
16 supervision was for a violation of Sections 3-707, 3-708,
17 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a
18 similar provision of a local ordinance, or for a violation of
19 Sections 12-3.2 or 16A-3 of the Criminal Code of 1961, in which
20 case it shall be 5 years after discharge and dismissal, a
21 person may have his record of arrest sealed or expunged as may
22 be provided by law. However, any defendant placed on
23 supervision before January 1, 1980, may move for sealing or
24 expungement of his arrest record, as provided by law, at any
25 time after discharge and dismissal under this Section. A person
26 placed on supervision for a sexual offense committed against a

 

 

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1 minor as defined in subsection (g) of Section 5 of the Criminal
2 Identification Act or for a violation of Section 11-501 of the
3 Illinois Vehicle Code or a similar provision of a local
4 ordinance shall not have his or her record of arrest sealed or
5 expunged.
6     (g) A defendant placed on supervision and who during the
7 period of supervision undergoes mandatory drug or alcohol
8 testing, or both, or is assigned to be placed on an approved
9 electronic monitoring device, shall be ordered to pay the costs
10 incidental to such mandatory drug or alcohol testing, or both,
11 and costs incidental to such approved electronic monitoring in
12 accordance with the defendant's ability to pay those costs. The
13 county board with the concurrence of the Chief Judge of the
14 judicial circuit in which the county is located shall establish
15 reasonable fees for the cost of maintenance, testing, and
16 incidental expenses related to the mandatory drug or alcohol
17 testing, or both, and all costs incidental to approved
18 electronic monitoring, of all defendants placed on
19 supervision. The concurrence of the Chief Judge shall be in the
20 form of an administrative order. The fees shall be collected by
21 the clerk of the circuit court. The clerk of the circuit court
22 shall pay all moneys collected from these fees to the county
23 treasurer who shall use the moneys collected to defray the
24 costs of drug testing, alcohol testing, and electronic
25 monitoring. The county treasurer shall deposit the fees
26 collected in the county working cash fund under Section 6-27001

 

 

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1 or Section 6-29002 of the Counties Code, as the case may be.
2     (h) A disposition of supervision is a final order for the
3 purposes of appeal.
4     (i) The court shall impose upon a defendant placed on
5 supervision after January 1, 1992 or to community service under
6 the supervision of a probation or court services department
7 after January 1, 2004, as a condition of supervision or
8 supervised community service, a fee of $50 for each month of
9 supervision or supervised community service ordered by the
10 court, unless after determining the inability of the person
11 placed on supervision or supervised community service to pay
12 the fee, the court assesses a lesser fee. The court may not
13 impose the fee on a minor who is made a ward of the State under
14 the Juvenile Court Act of 1987 while the minor is in placement.
15 The fee shall be imposed only upon a defendant who is actively
16 supervised by the probation and court services department. The
17 fee shall be collected by the clerk of the circuit court. The
18 clerk of the circuit court shall pay all monies collected from
19 this fee to the county treasurer for deposit in the probation
20 and court services fund pursuant to Section 15.1 of the
21 Probation and Probation Officers Act.
22     A circuit court may not impose a probation fee in excess of
23 $25 per month unless: (1) the circuit court has adopted, by
24 administrative order issued by the chief judge, a standard
25 probation fee guide determining an offender's ability to pay,
26 under guidelines developed by the Administrative Office of the

 

 

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1 Illinois Courts; and (2) the circuit court has authorized, by
2 administrative order issued by the chief judge, the creation of
3 a Crime Victim's Services Fund, to be administered by the Chief
4 Judge or his or her designee, for services to crime victims and
5 their families. Of the amount collected as a probation fee, not
6 to exceed $5 of that fee collected per month may be used to
7 provide services to crime victims and their families.
8     (j) All fines and costs imposed under this Section for any
9 violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
10 Code, or a similar provision of a local ordinance, and any
11 violation of the Child Passenger Protection Act, or a similar
12 provision of a local ordinance, shall be collected and
13 disbursed by the circuit clerk as provided under Section 27.5
14 of the Clerks of Courts Act.
15     (k) A defendant at least 17 years of age who is placed on
16 supervision for a misdemeanor in a county of 3,000,000 or more
17 inhabitants and who has not been previously convicted of a
18 misdemeanor or felony may as a condition of his or her
19 supervision be required by the court to attend educational
20 courses designed to prepare the defendant for a high school
21 diploma and to work toward a high school diploma or to work
22 toward passing the high school level Test of General
23 Educational Development (GED) or to work toward completing a
24 vocational training program approved by the court. The
25 defendant placed on supervision must attend a public
26 institution of education to obtain the educational or

 

 

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1 vocational training required by this subsection (k). The
2 defendant placed on supervision shall be required to pay for
3 the cost of the educational courses or GED test, if a fee is
4 charged for those courses or test. The court shall revoke the
5 supervision of a person who wilfully fails to comply with this
6 subsection (k). The court shall resentence the defendant upon
7 revocation of supervision as provided in Section 5-6-4. This
8 subsection (k) does not apply to a defendant who has a high
9 school diploma or has successfully passed the GED test. This
10 subsection (k) does not apply to a defendant who is determined
11 by the court to be developmentally disabled or otherwise
12 mentally incapable of completing the educational or vocational
13 program.
14     (l) The court shall require a defendant placed on
15 supervision for possession of a substance prohibited by the
16 Cannabis Control Act, the Illinois Controlled Substances Act,
17 or the Methamphetamine Control and Community Protection Act
18 after a previous conviction or disposition of supervision for
19 possession of a substance prohibited by the Cannabis Control
20 Act, the Illinois Controlled Substances Act, or the
21 Methamphetamine Control and Community Protection Act or a
22 sentence of probation under Section 10 of the Cannabis Control
23 Act or Section 410 of the Illinois Controlled Substances Act
24 and after a finding by the court that the person is addicted,
25 to undergo treatment at a substance abuse program approved by
26 the court.

 

 

HB0463 - 45 - LRB096 04746 RLC 14810 b

1     (m) The Secretary of State shall require anyone placed on
2 court supervision for a violation of Section 3-707 of the
3 Illinois Vehicle Code or a similar provision of a local
4 ordinance to give proof of his or her financial responsibility
5 as defined in Section 7-315 of the Illinois Vehicle Code. The
6 proof shall be maintained by the individual in a manner
7 satisfactory to the Secretary of State for a minimum period of
8 3 years after the date the proof is first filed. The proof
9 shall be limited to a single action per arrest and may not be
10 affected by any post-sentence disposition. The Secretary of
11 State shall suspend the driver's license of any person
12 determined by the Secretary to be in violation of this
13 subsection.
14     (n) Any offender placed on supervision for any offense that
15 the court or probation department has determined to be sexually
16 motivated as defined in the Sex Offender Management Board Act
17 shall be required to refrain from any contact, directly or
18 indirectly, with any persons specified by the court and shall
19 be available for all evaluations and treatment programs
20 required by the court or the probation department.
21     (o) An offender placed on supervision for a sex offense as
22 defined in the Sex Offender Management Board Act shall refrain
23 from residing at the same address or in the same condominium
24 unit or apartment unit or in the same condominium complex or
25 apartment complex with another person he or she knows or
26 reasonably should know is a convicted sex offender or has been

 

 

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1 placed on supervision for a sex offense. The provisions of this
2 subsection (o) do not apply to a person convicted of a sex
3 offense who is placed in a Department of Corrections licensed
4 transitional housing facility for sex offenders.
5     (p) An offender placed on supervision for an offense
6 committed on or after June 1, 2008 (the effective date of
7 Public Act 95-464) that would qualify the accused as a child
8 sex offender as defined in Section 11-9.3 or 11-9.4 of the
9 Criminal Code of 1961 shall refrain from communicating with or
10 contacting, by means of the Internet, a person who is not
11 related to the accused and whom the accused reasonably believes
12 to be under 18 years of age. For purposes of this subsection
13 (p), "Internet" has the meaning ascribed to it in Section 16J-5
14 of the Criminal Code of 1961; and a person is not related to
15 the accused if the person is not: (i) the spouse, brother, or
16 sister of the accused; (ii) a descendant of the accused; (iii)
17 a first or second cousin of the accused; or (iv) a step-child
18 or adopted child of the accused.
19     (q) An offender placed on supervision for an offense
20 committed on or after June 1, 2008 (the effective date of
21 Public Act 95-464) that would qualify the accused as a child
22 sex offender as defined in Section 11-9.3 or 11-9.4 of the
23 Criminal Code of 1961 shall, if so ordered by the court,
24 refrain from communicating with or contacting, by means of the
25 Internet, a person who is related to the accused and whom the
26 accused reasonably believes to be under 18 years of age. For

 

 

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1 purposes of this subsection (q), "Internet" has the meaning
2 ascribed to it in Section 16J-5 of the Criminal Code of 1961;
3 and a person is related to the accused if the person is: (i)
4 the spouse, brother, or sister of the accused; (ii) a
5 descendant of the accused; (iii) a first or second cousin of
6 the accused; or (iv) a step-child or adopted child of the
7 accused.
8     (r) An offender placed on supervision for an offense under
9 Section 11-6, 11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of
10 the Criminal Code of 1961, or any attempt to commit any of
11 these offenses, committed on or after the effective date of
12 this amendatory Act of the 95th General Assembly shall:
13         (i) not access or use a computer or any other device
14     with Internet capability without the prior written
15     approval of the court, except in connection with the
16     offender's employment or search for employment with the
17     prior approval of the court;
18         (ii) submit to periodic unannounced examinations of
19     the offender's computer or any other device with Internet
20     capability by the offender's probation officer, a law
21     enforcement officer, or assigned computer or information
22     technology specialist, including the retrieval and copying
23     of all data from the computer or device and any internal or
24     external peripherals and removal of such information,
25     equipment, or device to conduct a more thorough inspection;
26         (iii) submit to the installation on the offender's

 

 

HB0463 - 48 - LRB096 04746 RLC 14810 b

1     computer or device with Internet capability, at the
2     offender's expense, of one or more hardware or software
3     systems to monitor the Internet use; and
4         (iv) submit to any other appropriate restrictions
5     concerning the offender's use of or access to a computer or
6     any other device with Internet capability imposed by the
7     court.
8     (s) An offender placed on supervision for an offense that
9 would qualify the offender as a sex offender under the Sex
10 Offender Registration Act committed on or after the effective
11 date of this amendatory Act of the 96th General Assembly, where
12 the trier of fact at the offender's trial made a finding that a
13 computer or any other device with Internet capability was used
14 to facilitate the commission of the offense shall:
15             (i) not access or use a computer or any other
16         device with Internet capability without the prior
17         written approval of the court; except the offender may
18         use a computer or any other device with Internet
19         capability in connection with that offender's
20         employment or search for employment with the prior
21         approval of the court;
22             (ii) submit to periodic unannounced examinations
23         of the offender's computer or any other device with
24         Internet capability by the offender's probation
25         officer, a law enforcement officer, or assigned
26         computer or information technology specialist,

 

 

HB0463 - 49 - LRB096 04746 RLC 14810 b

1         including the retrieval and copying of all data from
2         the computer or device and any internal or external
3         peripherals and removal of such information,
4         equipment, or device to conduct a more thorough
5         inspection;
6             (iii) submit to the installation on the offender's
7         computer or device with Internet capability, at the
8         offender's expense, of one or more hardware or software
9         systems to monitor the Internet use; and
10             (iv) submit to any other appropriate restrictions
11         concerning the offender's use of or access to a
12         computer or any other device with Internet capability
13         imposed by the court.
14     For purposes of this subsection (s):
15         "Computer" has the meaning ascribed to it in Section
16     16J-5 of the Criminal Code of 1961.
17         "Internet" means the global information system that is
18     logically linked together by a globally unique address
19     space based on the Internet Protocol (IP), or its
20     subsequent extensions, and that is able to support
21     communications using the Transmission Control
22     Protocol/Internet Protocol (TCP/IP) suite, or its
23     subsequent extensions, or other IP-compatible protocols,
24     and that provides, uses, or makes accessible, either
25     publicly or privately, high level services layered on the
26     communications and related infrastructure.

 

 

HB0463 - 50 - LRB096 04746 RLC 14810 b

1 (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05;
2 94-556, eff. 9-11-05; 95-211, eff. 1-1-08; 95-331, eff.
3 8-21-07; 95-464, eff. 6-1-08; 95-696, eff. 6-1-08; 95-876, eff.
4 8-21-08; 95-983, eff. 6-1-09.)