Sen. Dan Rutherford

Filed: 5/13/2009

 

 


 

 


 
09600HB3714sam001 LRB096 08017 RLC 26688 a

1
AMENDMENT TO HOUSE BILL 3714

2     AMENDMENT NO. ______. Amend House Bill 3714 by replacing
3 the title with the following:
4     "AN ACT concerning criminal law."; and
 
5 by replacing everything after the enacting clause with the
6 following:
 
7     "Section 5. The Unified Code of Corrections is amended by
8 changing Section 5-6-3 as follows:
 
9     (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
10     (Text of Section before amendment by P.A. 95-983)
11     Sec. 5-6-3. Conditions of Probation and of Conditional
12 Discharge.
13     (a) The conditions of probation and of conditional
14 discharge shall be that the person:
15         (1) not violate any criminal statute of any

 

 

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1     jurisdiction;
2         (2) report to or appear in person before such person or
3     agency as directed by the court;
4         (3) refrain from possessing a firearm or other
5     dangerous weapon where the offense is a felony or, if a
6     misdemeanor, the offense involved the intentional or
7     knowing infliction of bodily harm or threat of bodily harm;
8         (4) not leave the State without the consent of the
9     court or, in circumstances in which the reason for the
10     absence is of such an emergency nature that prior consent
11     by the court is not possible, without the prior
12     notification and approval of the person's probation
13     officer. Transfer of a person's probation or conditional
14     discharge supervision to another state is subject to
15     acceptance by the other state pursuant to the Interstate
16     Compact for Adult Offender Supervision;
17         (5) permit the probation officer to visit him at his
18     home or elsewhere to the extent necessary to discharge his
19     duties;
20         (6) perform no less than 30 hours of community service
21     and not more than 120 hours of community service, if
22     community service is available in the jurisdiction and is
23     funded and approved by the county board where the offense
24     was committed, where the offense was related to or in
25     furtherance of the criminal activities of an organized gang
26     and was motivated by the offender's membership in or

 

 

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1     allegiance to an organized gang. The community service
2     shall include, but not be limited to, the cleanup and
3     repair of any damage caused by a violation of Section
4     21-1.3 of the Criminal Code of 1961 and similar damage to
5     property located within the municipality or county in which
6     the violation occurred. When possible and reasonable, the
7     community service should be performed in the offender's
8     neighborhood. For purposes of this Section, "organized
9     gang" has the meaning ascribed to it in Section 10 of the
10     Illinois Streetgang Terrorism Omnibus Prevention Act;
11         (7) if he or she is at least 17 years of age and has
12     been sentenced to probation or conditional discharge for a
13     misdemeanor or felony in a county of 3,000,000 or more
14     inhabitants and has not been previously convicted of a
15     misdemeanor or felony, may be required by the sentencing
16     court to attend educational courses designed to prepare the
17     defendant for a high school diploma and to work toward a
18     high school diploma or to work toward passing the high
19     school level Test of General Educational Development (GED)
20     or to work toward completing a vocational training program
21     approved by the court. The person on probation or
22     conditional discharge must attend a public institution of
23     education to obtain the educational or vocational training
24     required by this clause (7). The court shall revoke the
25     probation or conditional discharge of a person who wilfully
26     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, the Illinois
14     Controlled Substances Act, or the Methamphetamine Control
15     and Community Protection Act after a previous conviction or
16     disposition of supervision for possession of a substance
17     prohibited by the Cannabis Control Act or Illinois
18     Controlled Substances Act or after a sentence of probation
19     under Section 10 of the Cannabis Control Act, Section 410
20     of the Illinois Controlled Substances Act, or Section 70 of
21     the Methamphetamine Control and Community Protection Act
22     and upon a finding by the court that the person is
23     addicted, undergo treatment at a substance abuse program
24     approved by the court;
25         (8.5) if convicted of a felony sex offense as defined
26     in the Sex Offender Management Board Act, the person shall

 

 

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1     undergo and successfully complete sex offender treatment
2     by a treatment provider approved by the Board and conducted
3     in conformance with the standards developed under the Sex
4     Offender Management Board Act;
5         (8.6) if convicted of a sex offense as defined in the
6     Sex Offender Management Board Act, refrain from residing at
7     the same address or in the same condominium unit or
8     apartment unit or in the same condominium complex or
9     apartment complex with another person he or she knows or
10     reasonably should know is a convicted sex offender or has
11     been placed on supervision for a sex offense; the
12     provisions of this paragraph do not apply to a person
13     convicted of a sex offense who is placed in a Department of
14     Corrections licensed transitional housing facility for sex
15     offenders;
16         (8.7) if convicted for an offense committed on or after
17     the effective date of this amendatory Act of the 95th
18     General Assembly that would qualify the accused as a child
19     sex offender as defined in Section 11-9.3 or 11-9.4 of the
20     Criminal Code of 1961, refrain from communicating with or
21     contacting, by means of the Internet, a person who is not
22     related to the accused and whom the accused reasonably
23     believes to be under 18 years of age; for purposes of this
24     paragraph (8.7), "Internet" has the meaning ascribed to it
25     in Section 16J-5 of the Criminal Code of 1961; and a person
26     is not related to the accused if the person is not: (i) the

 

 

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1     spouse, brother, or sister of the accused; (ii) a
2     descendant of the accused; (iii) a first or second cousin
3     of the accused; or (iv) a step-child or adopted child of
4     the accused;
5         (9) if convicted of a felony, physically surrender at a
6     time and place designated by the court, his or her Firearm
7     Owner's Identification Card and any and all firearms in his
8     or her possession; and
9         (10) if convicted of a sex offense as defined in
10     subsection (a-5) of Section 3-1-2 of this Code, unless the
11     offender is a parent or guardian of the person under 18
12     years of age present in the home and no non-familial minors
13     are present, not participate in a holiday event involving
14     children under 18 years of age, such as distributing candy
15     or other items to children on Halloween, wearing a Santa
16     Claus costume on or preceding Christmas, being employed as
17     a department store Santa Claus, or wearing an Easter Bunny
18     costume on or preceding Easter.
19     (b) The Court may in addition to other reasonable
20 conditions relating to the nature of the offense or the
21 rehabilitation of the defendant as determined for each
22 defendant in the proper discretion of the Court require that
23 the person:
24         (1) serve a term of periodic imprisonment under Article
25     7 for a period not to exceed that specified in paragraph
26     (d) of Section 5-7-1;

 

 

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1         (2) pay a fine and costs;
2         (3) work or pursue a course of study or vocational
3     training;
4         (4) undergo medical, psychological or psychiatric
5     treatment; or treatment for drug addiction or alcoholism;
6         (5) attend or reside in a facility established for the
7     instruction or residence of defendants on probation;
8         (6) support his dependents;
9         (7) and in addition, if a minor:
10             (i) reside with his parents or in a foster home;
11             (ii) attend school;
12             (iii) attend a non-residential program for youth;
13             (iv) contribute to his own support at home or in a
14         foster home;
15             (v) with the consent of the superintendent of the
16         facility, attend an educational program at a facility
17         other than the school in which the offense was
18         committed if he or she is convicted of a crime of
19         violence as defined in Section 2 of the Crime Victims
20         Compensation Act committed in a school, on the real
21         property comprising a school, or within 1,000 feet of
22         the real property comprising a school;
23         (8) make restitution as provided in Section 5-5-6 of
24     this Code;
25         (9) perform some reasonable public or community
26     service;

 

 

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1         (10) serve a term of home confinement. In addition to
2     any other applicable condition of probation or conditional
3     discharge, the conditions of home confinement shall be that
4     the offender:
5             (i) remain within the interior premises of the
6         place designated for his confinement during the hours
7         designated by the court;
8             (ii) admit any person or agent designated by the
9         court into the offender's place of confinement at any
10         time for purposes of verifying the offender's
11         compliance with the conditions of his confinement; and
12             (iii) if further deemed necessary by the court or
13         the Probation or Court Services Department, be placed
14         on an approved electronic monitoring device, subject
15         to Article 8A of Chapter V;
16             (iv) for persons convicted of any alcohol,
17         cannabis or controlled substance violation who are
18         placed on an approved monitoring device as a condition
19         of probation or conditional discharge, the court shall
20         impose a reasonable fee for each day of the use of the
21         device, as established by the county board in
22         subsection (g) of this Section, unless after
23         determining the inability of the offender to pay the
24         fee, the court assesses a lesser fee or no fee as the
25         case may be. This fee shall be imposed in addition to
26         the fees imposed under subsections (g) and (i) of this

 

 

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1         Section. The fee shall be collected by the clerk of the
2         circuit court. The clerk of the circuit court shall pay
3         all monies collected from this fee to the county
4         treasurer for deposit in the substance abuse services
5         fund under Section 5-1086.1 of the Counties Code; and
6             (v) for persons convicted of offenses other than
7         those referenced in clause (iv) above and 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 defendant 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 who shall use the monies collected to defray
21         the costs of corrections. The county treasurer shall
22         deposit the fee collected in the county working cash
23         fund under Section 6-27001 or Section 6-29002 of the
24         Counties Code, as the case may be.
25         (11) comply with the terms and conditions of an order
26     of protection issued by the court pursuant to the Illinois

 

 

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1     Domestic Violence Act of 1986, as now or hereafter amended,
2     or an order of protection issued by the court of another
3     state, tribe, or United States territory. A copy of the
4     order of protection shall be transmitted to the probation
5     officer or agency having responsibility for the case;
6         (12) reimburse any "local anti-crime program" as
7     defined in Section 7 of the Anti-Crime Advisory Council Act
8     for any reasonable expenses incurred by the program on the
9     offender's case, not to exceed the maximum amount of the
10     fine authorized for the offense for which the defendant was
11     sentenced;
12         (13) contribute a reasonable sum of money, not to
13     exceed the maximum amount of the fine authorized for the
14     offense for which the defendant was sentenced, (i) to a
15     "local anti-crime program", as defined in Section 7 of the
16     Anti-Crime Advisory Council Act, or (ii) for offenses under
17     the jurisdiction of the Department of Natural Resources, to
18     the fund established by the Department of Natural Resources
19     for the purchase of evidence for investigation purposes and
20     to conduct investigations as outlined in Section 805-105 of
21     the Department of Natural Resources (Conservation) Law;
22         (14) refrain from entering into a designated
23     geographic area except upon such terms as the court finds
24     appropriate. Such terms may include consideration of the
25     purpose of the entry, the time of day, other persons
26     accompanying the defendant, and advance approval by a

 

 

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1     probation officer, if the defendant has been placed on
2     probation or advance approval by the court, if the
3     defendant was placed on conditional discharge;
4         (15) refrain from having any contact, directly or
5     indirectly, with certain specified persons or particular
6     types of persons, including but not limited to members of
7     street gangs and drug users or dealers;
8         (16) refrain from having in his or her body the
9     presence of any illicit drug prohibited by the Cannabis
10     Control Act, the Illinois Controlled Substances Act, or the
11     Methamphetamine Control and Community Protection Act,
12     unless prescribed by a physician, and submit samples of his
13     or her blood or urine or both for tests to determine the
14     presence of any illicit drug; and
15         (17) if convicted for an offense committed on or after
16     the effective date of this amendatory Act of the 95th
17     General Assembly that would qualify the accused as a child
18     sex offender as defined in Section 11-9.3 or 11-9.4 of the
19     Criminal Code of 1961, refrain from communicating with or
20     contacting, by means of the Internet, a person who is
21     related to the accused and whom the accused reasonably
22     believes to be under 18 years of age; for purposes of this
23     paragraph (17), "Internet" has the meaning ascribed to it
24     in Section 16J-5 of the Criminal Code of 1961; and a person
25     is related to the accused if the person is: (i) the spouse,
26     brother, or sister of the accused; (ii) a descendant of the

 

 

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1     accused; (iii) a first or second cousin of the accused; or
2     (iv) a step-child or adopted child of the accused; and .
3         (19) refrain from possessing a firearm or other
4     dangerous weapon where the offense is a misdemeanor that
5     did not involve the intentional or knowing infliction of
6     bodily harm or threat of bodily harm.
7     (c) The court may as a condition of probation or of
8 conditional discharge require that a person under 18 years of
9 age found guilty of any alcohol, cannabis or controlled
10 substance violation, refrain from acquiring a driver's license
11 during the period of probation or conditional discharge. If
12 such person is in possession of a permit or license, the court
13 may require that the minor refrain from driving or operating
14 any motor vehicle during the period of probation or conditional
15 discharge, except as may be necessary in the course of the
16 minor's lawful employment.
17     (d) An offender sentenced to probation or to conditional
18 discharge shall be given a certificate setting forth the
19 conditions thereof.
20     (e) Except where the offender has committed a fourth or
21 subsequent violation of subsection (c) of Section 6-303 of the
22 Illinois Vehicle Code, the court shall not require as a
23 condition of the sentence of probation or conditional discharge
24 that the offender be committed to a period of imprisonment in
25 excess of 6 months. This 6 month limit shall not include
26 periods of confinement given pursuant to a sentence of county

 

 

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1 impact incarceration under Section 5-8-1.2.
2     Persons committed to imprisonment as a condition of
3 probation or conditional discharge shall not be committed to
4 the Department of Corrections.
5     (f) The court may combine a sentence of periodic
6 imprisonment under Article 7 or a sentence to a county impact
7 incarceration program under Article 8 with a sentence of
8 probation or conditional discharge.
9     (g) An offender sentenced to probation or to conditional
10 discharge and who during the term of either undergoes mandatory
11 drug or alcohol testing, or both, or is assigned to be placed
12 on an approved electronic monitoring device, shall be ordered
13 to pay all costs incidental to such mandatory drug or alcohol
14 testing, or both, and all costs incidental to such approved
15 electronic monitoring in accordance with the defendant's
16 ability to pay those costs. The county board with the
17 concurrence of the Chief Judge of the judicial circuit in which
18 the county is located shall establish reasonable fees for the
19 cost of maintenance, testing, and incidental expenses related
20 to the mandatory drug or alcohol testing, or both, and all
21 costs incidental to approved electronic monitoring, involved
22 in a successful probation program for the county. The
23 concurrence of the Chief Judge shall be in the form of an
24 administrative order. The fees shall be collected by the clerk
25 of the circuit court. The clerk of the circuit court shall pay
26 all moneys collected from these fees to the county treasurer

 

 

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1 who shall use the moneys collected to defray the costs of drug
2 testing, alcohol testing, and electronic monitoring. The
3 county treasurer shall deposit the fees collected in the county
4 working cash fund under Section 6-27001 or Section 6-29002 of
5 the Counties Code, as the case may be.
6     (h) Jurisdiction over an offender may be transferred from
7 the sentencing court to the court of another circuit with the
8 concurrence of both courts. Further transfers or retransfers of
9 jurisdiction are also authorized in the same manner. The court
10 to which jurisdiction has been transferred shall have the same
11 powers as the sentencing court.
12     (i) The court shall impose upon an offender sentenced to
13 probation after January 1, 1989 or to conditional discharge
14 after January 1, 1992 or to community service under the
15 supervision of a probation or court services department after
16 January 1, 2004, as a condition of such probation or
17 conditional discharge or supervised community service, a fee of
18 $50 for each month of probation or conditional discharge
19 supervision or supervised community service ordered by the
20 court, unless after determining the inability of the person
21 sentenced to probation or conditional discharge or supervised
22 community service to pay the fee, the court assesses a lesser
23 fee. The court may not impose the fee on a minor who is made a
24 ward of the State under the Juvenile Court Act of 1987 while
25 the minor is in placement. The fee shall be imposed only upon
26 an offender who is actively supervised by the probation and

 

 

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1 court services department. The fee shall be collected by the
2 clerk of the circuit court. The clerk of the circuit court
3 shall pay all monies collected from this fee to the county
4 treasurer for deposit in the probation and court services fund
5 under Section 15.1 of the Probation and Probation Officers Act.
6     A circuit court may not impose a probation fee under this
7 subsection (i) in excess of $25 per month unless: (1) the
8 circuit court has adopted, by administrative order issued by
9 the chief judge, a standard probation fee guide determining an
10 offender's ability to pay, under guidelines developed by the
11 Administrative Office of the Illinois Courts; and (2) the
12 circuit court has authorized, by administrative order issued by
13 the chief judge, the creation of a Crime Victim's Services
14 Fund, to be administered by the Chief Judge or his or her
15 designee, for services to crime victims and their families. Of
16 the amount collected as a probation fee, up to $5 of that fee
17 collected per month may be used to provide services to crime
18 victims and their families.
19     This amendatory Act of the 93rd General Assembly deletes
20 the $10 increase in the fee under this subsection that was
21 imposed by Public Act 93-616. This deletion is intended to
22 control over any other Act of the 93rd General Assembly that
23 retains or incorporates that fee increase.
24     (i-5) In addition to the fees imposed under subsection (i)
25 of this Section, in the case of an offender convicted of a
26 felony sex offense (as defined in the Sex Offender Management

 

 

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1 Board Act) or an offense that the court or probation department
2 has determined to be sexually motivated (as defined in the Sex
3 Offender Management Board Act), the court or the probation
4 department shall assess additional fees to pay for all costs of
5 treatment, assessment, evaluation for risk and treatment, and
6 monitoring the offender, based on that offender's ability to
7 pay those costs either as they occur or under a payment plan.
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) Any offender who is sentenced to probation or
16 conditional discharge for a felony sex offense as defined in
17 the Sex Offender Management Board Act or any offense that the
18 court or probation department has determined to be sexually
19 motivated as defined in the Sex Offender Management Board Act
20 shall be required to refrain from any contact, directly or
21 indirectly, with any persons specified by the court and shall
22 be available for all evaluations and treatment programs
23 required by the court or the probation department.
24     (l) The court may order an offender who is sentenced to
25 probation or conditional discharge for a violation of an order
26 of protection be placed under electronic surveillance as

 

 

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1 provided in Section 5-8A-7 of this Code.
2 (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05;
3 94-556, eff. 9-11-05; 95-331, eff. 8-21-07; 95-464, eff.
4 6-1-08; 95-578, eff. 6-1-08; 95-696, eff. 6-1-08; 95-773, eff.
5 1-1-09; 95-876, eff. 8-21-08.)
 
6     (Text of Section after amendment by P.A. 95-983)
7     Sec. 5-6-3. Conditions of Probation and of Conditional
8 Discharge.
9     (a) The conditions of probation and of conditional
10 discharge shall be that the person:
11         (1) not violate any criminal statute of any
12     jurisdiction;
13         (2) report to or appear in person before such person or
14     agency as directed by the court;
15         (3) refrain from possessing a firearm or other
16     dangerous weapon where the offense is a felony or, if a
17     misdemeanor, the offense involved the intentional or
18     knowing infliction of bodily harm or threat of bodily harm;
19         (4) not leave the State without the consent of the
20     court or, in circumstances in which the reason for the
21     absence is of such an emergency nature that prior consent
22     by the court is not possible, without the prior
23     notification and approval of the person's probation
24     officer. Transfer of a person's probation or conditional
25     discharge supervision to another state is subject to

 

 

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1     acceptance by the other state pursuant to the Interstate
2     Compact for Adult Offender Supervision;
3         (5) permit the probation officer to visit him at his
4     home or elsewhere to the extent necessary to discharge his
5     duties;
6         (6) perform no less than 30 hours of community service
7     and not more than 120 hours of community service, if
8     community service is available in the jurisdiction and is
9     funded and approved by the county board where the offense
10     was committed, where the offense was related to or in
11     furtherance of the criminal activities of an organized gang
12     and was motivated by the offender's membership in or
13     allegiance to an organized gang. The community service
14     shall include, but not be limited to, the cleanup and
15     repair of any damage caused by a violation of Section
16     21-1.3 of the Criminal Code of 1961 and similar damage to
17     property located within the municipality or county in which
18     the violation occurred. When possible and reasonable, the
19     community service should be performed in the offender's
20     neighborhood. For purposes of this Section, "organized
21     gang" has the meaning ascribed to it in Section 10 of the
22     Illinois Streetgang Terrorism Omnibus Prevention Act;
23         (7) if he or she is at least 17 years of age and has
24     been sentenced to probation or conditional discharge for a
25     misdemeanor or felony in a county of 3,000,000 or more
26     inhabitants and has not been previously convicted of a

 

 

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1     misdemeanor or felony, may be required by the sentencing
2     court to attend educational courses designed to prepare the
3     defendant for a high school diploma and to work toward a
4     high school diploma or to work toward passing the high
5     school level Test of General Educational Development (GED)
6     or to work toward completing a vocational training program
7     approved by the court. The person on probation or
8     conditional discharge must attend a public institution of
9     education to obtain the educational or vocational training
10     required by this clause (7). The court shall revoke the
11     probation or conditional discharge of a person who wilfully
12     fails to comply with this clause (7). The person on
13     probation or conditional discharge shall be required to pay
14     for the cost of the educational courses or GED test, if a
15     fee is charged for those courses or test. The court shall
16     resentence the offender whose probation or conditional
17     discharge has been revoked as provided in Section 5-6-4.
18     This clause (7) does not apply to a person who has a high
19     school diploma or has successfully passed the GED test.
20     This clause (7) does not apply to a person who is
21     determined by the court to be developmentally disabled or
22     otherwise mentally incapable of completing the educational
23     or vocational program;
24         (8) if convicted of possession of a substance
25     prohibited by the Cannabis Control Act, the Illinois
26     Controlled Substances Act, or the Methamphetamine Control

 

 

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1     and Community Protection Act after a previous conviction or
2     disposition of supervision for possession of a substance
3     prohibited by the Cannabis Control Act or Illinois
4     Controlled Substances Act or after a sentence of probation
5     under Section 10 of the Cannabis Control Act, Section 410
6     of the Illinois Controlled Substances Act, or Section 70 of
7     the Methamphetamine Control and Community Protection Act
8     and upon a finding by the court that the person is
9     addicted, undergo treatment at a substance abuse program
10     approved by the court;
11         (8.5) if convicted of a felony sex offense as defined
12     in the Sex Offender Management Board Act, the person shall
13     undergo and successfully complete sex offender treatment
14     by a treatment provider approved by the Board and conducted
15     in conformance with the standards developed under the Sex
16     Offender Management Board Act;
17         (8.6) 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

 

 

09600HB3714sam001 - 21 - LRB096 08017 RLC 26688 a

1     offenders;
2         (8.7) if convicted for an offense committed on or after
3     June 1, 2008 (the effective date of Public Act 95-464) this
4     amendatory Act of the 95th General Assembly that would
5     qualify the accused as a child sex offender as defined in
6     Section 11-9.3 or 11-9.4 of the Criminal Code of 1961,
7     refrain from communicating with or contacting, by means of
8     the Internet, a person who is not related to the accused
9     and whom the accused reasonably believes to be under 18
10     years of age; for purposes of this paragraph (8.7),
11     "Internet" has the meaning ascribed to it in Section 16J-5
12     of the Criminal Code of 1961; and a person is not related
13     to the accused if the person is not: (i) the spouse,
14     brother, or sister of the accused; (ii) a descendant of the
15     accused; (iii) a first or second cousin of the accused; or
16     (iv) a step-child or adopted child of the accused;
17         (8.8) if convicted for an offense under Section 11-6,
18     11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal
19     Code of 1961, or any attempt to commit any of these
20     offenses, committed on or after June 1, 2009 (the effective
21     date of Public Act 95-983) this amendatory Act of the 95th
22     General Assembly:
23             (i) not access or use a computer or any other
24         device with Internet capability without the prior
25         written approval of the offender's probation officer,
26         except in connection with the offender's employment or

 

 

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1         search for employment with the prior approval of the
2         offender's probation officer;
3             (ii) submit to periodic unannounced examinations
4         of the offender's computer or any other device with
5         Internet capability by the offender's probation
6         officer, a law enforcement officer, or assigned
7         computer or information technology specialist,
8         including the retrieval and copying of all data from
9         the computer or device and any internal or external
10         peripherals and removal of such information,
11         equipment, or device to conduct a more thorough
12         inspection;
13             (iii) submit to the installation on the offender's
14         computer or device with Internet capability, at the
15         offender's expense, of one or more hardware or software
16         systems to monitor the Internet use; and
17             (iv) submit to any other appropriate restrictions
18         concerning the offender's use of or access to a
19         computer or any other device with Internet capability
20         imposed by the offender's probation officer;
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;

 

 

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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;
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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

09600HB3714sam001 - 29 - LRB096 08017 RLC 26688 a

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; and .
23         (19) refrain from possessing a firearm or other
24     dangerous weapon where the offense is a misdemeanor that
25     did not involve the intentional or knowing infliction of
26     bodily harm or threat of bodily harm.

 

 

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

 

 

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

 

 

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1 the sentencing court to the court of another circuit with the
2 concurrence of both courts. Further transfers or retransfers of
3 jurisdiction are also authorized in the same manner. The court
4 to which jurisdiction has been transferred shall have the same
5 powers as the sentencing court.
6     (i) The court shall impose upon an offender sentenced to
7 probation after January 1, 1989 or to conditional discharge
8 after January 1, 1992 or to community service under the
9 supervision of a probation or court services department after
10 January 1, 2004, as a condition of such probation or
11 conditional discharge or supervised community service, a fee of
12 $50 for each month of probation or conditional discharge
13 supervision or supervised community service ordered by the
14 court, unless after determining the inability of the person
15 sentenced to probation or conditional discharge or supervised
16 community service to pay the fee, the court assesses a lesser
17 fee. The court may not impose the fee on a minor who is made a
18 ward of the State under the Juvenile Court Act of 1987 while
19 the minor is in placement. The fee shall be imposed only upon
20 an offender who is actively supervised by the probation and
21 court services department. The fee shall be collected by the
22 clerk of the circuit court. The clerk of the circuit court
23 shall pay all monies collected from this fee to the county
24 treasurer for deposit in the probation and court services fund
25 under Section 15.1 of the Probation and Probation Officers Act.
26     A circuit court may not impose a probation fee under this

 

 

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

 

 

09600HB3714sam001 - 34 - LRB096 08017 RLC 26688 a

1 pay those costs either as they occur or under a payment plan.
2     (j) All fines and costs imposed under this Section for any
3 violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
4 Code, or a similar provision of a local ordinance, and any
5 violation of the Child Passenger Protection Act, or a similar
6 provision of a local ordinance, shall be collected and
7 disbursed by the circuit clerk as provided under Section 27.5
8 of the Clerks of Courts Act.
9     (k) Any offender who is sentenced to probation or
10 conditional discharge for a felony sex offense as defined in
11 the Sex Offender Management Board Act or any offense that the
12 court or probation department has determined to be sexually
13 motivated as defined in the Sex Offender Management Board Act
14 shall be required to refrain from any contact, directly or
15 indirectly, with any persons specified by the court and shall
16 be available for all evaluations and treatment programs
17 required by the court or the probation department.
18     (l) The court may order an offender who is sentenced to
19 probation or conditional discharge for a violation of an order
20 of protection be placed under electronic surveillance as
21 provided in Section 5-8A-7 of this Code.
22 (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05;
23 94-556, eff. 9-11-05; 95-331, eff. 8-21-07; 95-464, eff.
24 6-1-08; 95-578, eff. 6-1-08; 95-696, eff. 6-1-08; 95-773, eff.
25 1-1-09; 95-876, eff. 8-21-08; 95-983, eff. 6-1-09; revised
26 10-20-08.)
 

 

 

09600HB3714sam001 - 35 - LRB096 08017 RLC 26688 a

1     Section 95. No acceleration or delay. Where this Act makes
2 changes in a statute that is represented in this Act by text
3 that is not yet or no longer in effect (for example, a Section
4 represented by multiple versions), the use of that text does
5 not accelerate or delay the taking effect of (i) the changes
6 made by this Act or (ii) provisions derived from any other
7 Public Act.
 
8     Section 99. Effective date. This Act takes effect upon
9 becoming law.".