Illinois General Assembly - Full Text of SB3540
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Full Text of SB3540  96th General Assembly

SB3540enr 96TH GENERAL ASSEMBLY

  
  
  

 


 
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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 Juvenile Court Act of 1987 is amended by
5 changing Sections 5-615, 5-715, and 5-905 as follows:
 
6     (705 ILCS 405/5-615)
7     Sec. 5-615. Continuance under supervision.
8     (1) The court may enter an order of continuance under
9 supervision for an offense other than first degree murder, a
10 Class X felony or a forcible felony (a) upon an admission or
11 stipulation by the appropriate respondent or minor respondent
12 of the facts supporting the petition and before proceeding to
13 adjudication, or after hearing the evidence at the trial, and
14 (b) in the absence of objection made in open court by the
15 minor, his or her parent, guardian, or legal custodian, the
16 minor's attorney or the State's Attorney.
17     (2) If the minor, his or her parent, guardian, or legal
18 custodian, the minor's attorney or State's Attorney objects in
19 open court to any continuance and insists upon proceeding to
20 findings and adjudication, the court shall so proceed.
21     (3) Nothing in this Section limits the power of the court
22 to order a continuance of the hearing for the production of
23 additional evidence or for any other proper reason.

 

 

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1     (4) When a hearing where a minor is alleged to be a
2 delinquent is continued pursuant to this Section, the period of
3 continuance under supervision may not exceed 24 months. The
4 court may terminate a continuance under supervision at any time
5 if warranted by the conduct of the minor and the ends of
6 justice.
7     (5) When a hearing where a minor is alleged to be
8 delinquent is continued pursuant to this Section, the court
9 may, as conditions of the continuance under supervision,
10 require the minor to do any of the following:
11         (a) not violate any criminal statute of any
12     jurisdiction;
13         (b) make a report to and appear in person before any
14     person or agency as directed by the court;
15         (c) work or pursue a course of study or vocational
16     training;
17         (d) undergo medical or psychotherapeutic treatment
18     rendered by a therapist licensed under the provisions of
19     the Medical Practice Act of 1987, the Clinical Psychologist
20     Licensing Act, or the Clinical Social Work and Social Work
21     Practice Act, or an entity licensed by the Department of
22     Human Services as a successor to the Department of
23     Alcoholism and Substance Abuse, for the provision of drug
24     addiction and alcoholism treatment;
25         (e) attend or reside in a facility established for the
26     instruction or residence of persons on probation;

 

 

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1         (f) support his or her dependents, if any;
2         (g) pay costs;
3         (h) refrain from possessing a firearm or other
4     dangerous weapon, or an automobile;
5         (i) permit the probation officer to visit him or her at
6     his or her home or elsewhere;
7         (j) reside with his or her parents or in a foster home;
8         (k) attend school;
9         (k-5) with the consent of the superintendent of the
10     facility, attend an educational program at a facility other
11     than the school in which the offense was committed if he or
12     she committed a crime of violence as defined in Section 2
13     of the Crime Victims Compensation Act in a school, on the
14     real property comprising a school, or within 1,000 feet of
15     the real property comprising a school;
16         (l) attend a non-residential program for youth;
17         (m) contribute to his or her own support at home or in
18     a foster home;
19         (n) perform some reasonable public or community
20     service;
21         (o) make restitution to the victim, in the same manner
22     and under the same conditions as provided in subsection (4)
23     of Section 5-710, except that the "sentencing hearing"
24     referred to in that Section shall be the adjudicatory
25     hearing for purposes of this Section;
26         (p) comply with curfew requirements as designated by

 

 

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1     the court;
2         (q) refrain from entering into a designated geographic
3     area except upon terms as the court finds appropriate. The
4     terms may include consideration of the purpose of the
5     entry, the time of day, other persons accompanying the
6     minor, and advance approval by a probation officer;
7         (r) refrain from having any contact, directly or
8     indirectly, with certain specified persons or particular
9     types of persons, including but not limited to members of
10     street gangs and drug users or dealers;
11         (r-5) undergo a medical or other procedure to have a
12     tattoo symbolizing allegiance to a street gang removed from
13     his or her body;
14         (s) refrain from having in his or her body the presence
15     of any illicit drug prohibited by the Cannabis Control Act,
16     the Illinois Controlled Substances Act, or the
17     Methamphetamine Control and Community Protection Act,
18     unless prescribed by a physician, and submit samples of his
19     or her blood or urine or both for tests to determine the
20     presence of any illicit drug; or
21         (t) comply with any other conditions as may be ordered
22     by the court.
23     (6) A minor whose case is continued under supervision under
24 subsection (5) shall be given a certificate setting forth the
25 conditions imposed by the court. Those conditions may be
26 reduced, enlarged, or modified by the court on motion of the

 

 

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1 probation officer or on its own motion, or that of the State's
2 Attorney, or, at the request of the minor after notice and
3 hearing.
4     (7) If a petition is filed charging a violation of a
5 condition of the continuance under supervision, the court shall
6 conduct a hearing. If the court finds that a condition of
7 supervision has not been fulfilled, the court may proceed to
8 findings and adjudication and disposition. The filing of a
9 petition for violation of a condition of the continuance under
10 supervision shall toll the period of continuance under
11 supervision until the final determination of the charge, and
12 the term of the continuance under supervision shall not run
13 until the hearing and disposition of the petition for
14 violation; provided where the petition alleges conduct that
15 does not constitute a criminal offense, the hearing must be
16 held within 30 days of the filing of the petition unless a
17 delay shall continue the tolling of the period of continuance
18 under supervision for the period of the delay.
19     (8) When a hearing in which a minor is alleged to be a
20 delinquent for reasons that include a violation of Section
21 21-1.3 of the Criminal Code of 1961 is continued under this
22 Section, the court shall, as a condition of the continuance
23 under supervision, require the minor to perform community
24 service for not less than 30 and not more than 120 hours, if
25 community service is available in the jurisdiction. The
26 community service shall include, but need not be limited to,

 

 

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1 the cleanup and repair of the damage that was caused by the
2 alleged violation or similar damage to property located in the
3 municipality or county in which the alleged violation occurred.
4 The condition may be in addition to any other condition.
5     (8.5) When a hearing in which a minor is alleged to be a
6 delinquent for reasons that include a violation of Section 3.02
7 or Section 3.03 of the Humane Care for Animals Act or paragraph
8 (d) of subsection (1) of Section 21-1 of the Criminal Code of
9 1961 is continued under this Section, the court shall, as a
10 condition of the continuance under supervision, require the
11 minor to undergo medical or psychiatric treatment rendered by a
12 psychiatrist or psychological treatment rendered by a clinical
13 psychologist. The condition may be in addition to any other
14 condition.
15     (9) When a hearing in which a minor is alleged to be a
16 delinquent is continued under this Section, the court, before
17 continuing the case, shall make a finding whether the offense
18 alleged to have been committed either: (i) was related to or in
19 furtherance of the activities of an organized gang or was
20 motivated by the minor's membership in or allegiance to an
21 organized gang, or (ii) is a violation of paragraph (13) of
22 subsection (a) of Section 12-2 of the Criminal Code of 1961, a
23 violation of any Section of Article 24 of the Criminal Code of
24 1961, or a violation of any statute that involved the unlawful
25 use of a firearm. If the court determines the question in the
26 affirmative the court shall, as a condition of the continuance

 

 

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1 under supervision and as part of or in addition to any other
2 condition of the supervision, require the minor to perform
3 community service for not less than 30 hours, provided that
4 community service is available in the jurisdiction and is
5 funded and approved by the county board of the county where the
6 offense was committed. The community service shall include, but
7 need not be limited to, the cleanup and repair of any damage
8 caused by an alleged violation of Section 21-1.3 of the
9 Criminal Code of 1961 and similar damage to property located in
10 the municipality or county in which the alleged violation
11 occurred. When possible and reasonable, the community service
12 shall be performed in the minor's neighborhood. For the
13 purposes of this Section, "organized gang" has the meaning
14 ascribed to it in Section 10 of the Illinois Streetgang
15 Terrorism Omnibus Prevention Act.
16     (10) The court shall impose upon a minor placed on
17 supervision, as a condition of the supervision, a fee of $50
18 $25 for each month of supervision ordered by the court, unless
19 after determining the inability of the minor placed on
20 supervision to pay the fee, the court assesses a lesser amount.
21 The court may not impose the fee on a minor who is made a ward
22 of the State under this Act while the minor is in placement.
23 The fee shall be imposed only upon a minor who is actively
24 supervised by the probation and court services department. A
25 court may order the parent, guardian, or legal custodian of the
26 minor to pay some or all of the fee on the minor's behalf.

 

 

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1     (11) If a minor is placed on supervision for a violation of
2 subsection (a-7) of Section 1 of the Prevention of Tobacco Use
3 by Minors Act, the court may, in its discretion, and upon
4 recommendation by the State's Attorney, order that minor and
5 his or her parents or legal guardian to attend a smoker's
6 education or youth diversion program as defined in that Act if
7 that program is available in the jurisdiction where the
8 offender resides. Attendance at a smoker's education or youth
9 diversion program shall be time-credited against any community
10 service time imposed for any first violation of subsection
11 (a-7) of Section 1 of that Act. In addition to any other
12 penalty that the court may impose for a violation of subsection
13 (a-7) of Section 1 of that Act, the court, upon request by the
14 State's Attorney, may in its discretion require the offender to
15 remit a fee for his or her attendance at a smoker's education
16 or youth diversion program.
17     For purposes of this Section, "smoker's education program"
18 or "youth diversion program" includes, but is not limited to, a
19 seminar designed to educate a person on the physical and
20 psychological effects of smoking tobacco products and the
21 health consequences of smoking tobacco products that can be
22 conducted with a locality's youth diversion program.
23     In addition to any other penalty that the court may impose
24 under this subsection (11):
25         (a) If a minor violates subsection (a-7) of Section 1
26     of the Prevention of Tobacco Use by Minors Act, the court

 

 

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1     may impose a sentence of 15 hours of community service or a
2     fine of $25 for a first violation.
3         (b) A second violation by a minor of subsection (a-7)
4     of Section 1 of that Act that occurs within 12 months after
5     the first violation is punishable by a fine of $50 and 25
6     hours of community service.
7         (c) A third or subsequent violation by a minor of
8     subsection (a-7) of Section 1 of that Act that occurs
9     within 12 months after the first violation is punishable by
10     a $100 fine and 30 hours of community service.
11         (d) Any second or subsequent violation not within the
12     12-month time period after the first violation is
13     punishable as provided for a first violation.
14 (Source: P.A. eff. 1-1-00; 96-179, eff. 8-10-09.)
 
15     (705 ILCS 405/5-715)
16     Sec. 5-715. Probation.
17     (1) The period of probation or conditional discharge shall
18 not exceed 5 years or until the minor has attained the age of
19 21 years, whichever is less, except as provided in this Section
20 for a minor who is found to be guilty for an offense which is
21 first degree murder, a Class X felony or a forcible felony. The
22 juvenile court may terminate probation or conditional
23 discharge and discharge the minor at any time if warranted by
24 the conduct of the minor and the ends of justice; provided,
25 however, that the period of probation for a minor who is found

 

 

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1 to be guilty for an offense which is first degree murder, a
2 Class X felony, or a forcible felony shall be at least 5 years.
3     (2) The court may as a condition of probation or of
4 conditional discharge require that the minor:
5         (a) not violate any criminal statute of any
6     jurisdiction;
7         (b) make a report to and appear in person before any
8     person or agency as directed by the court;
9         (c) work or pursue a course of study or vocational
10     training;
11         (d) undergo medical or psychiatric treatment, rendered
12     by a psychiatrist or psychological treatment rendered by a
13     clinical psychologist or social work services rendered by a
14     clinical social worker, or treatment for drug addiction or
15     alcoholism;
16         (e) attend or reside in a facility established for the
17     instruction or residence of persons on probation;
18         (f) support his or her dependents, if any;
19         (g) refrain from possessing a firearm or other
20     dangerous weapon, or an automobile;
21         (h) permit the probation officer to visit him or her at
22     his or her home or elsewhere;
23         (i) reside with his or her parents or in a foster home;
24         (j) attend school;
25         (j-5) with the consent of the superintendent of the
26     facility, attend an educational program at a facility other

 

 

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1     than the school in which the offense was committed if he or
2     she committed a crime of violence as defined in Section 2
3     of the Crime Victims Compensation Act in a school, on the
4     real property comprising a school, or within 1,000 feet of
5     the real property comprising a school;
6         (k) attend a non-residential program for youth;
7         (l) make restitution under the terms of subsection (4)
8     of Section 5-710;
9         (m) contribute to his or her own support at home or in
10     a foster home;
11         (n) perform some reasonable public or community
12     service;
13         (o) participate with community corrections programs
14     including unified delinquency intervention services
15     administered by the Department of Human Services subject to
16     Section 5 of the Children and Family Services Act;
17         (p) pay costs;
18         (q) serve a term of home confinement. In addition to
19     any other applicable condition of probation or conditional
20     discharge, the conditions of home confinement shall be that
21     the minor:
22             (i) remain within the interior premises of the
23         place designated for his or her confinement during the
24         hours designated by the court;
25             (ii) admit any person or agent designated by the
26         court into the minor's place of confinement at any time

 

 

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1         for purposes of verifying the minor's compliance with
2         the conditions of his or her confinement; and
3             (iii) use an approved electronic monitoring device
4         if ordered by the court subject to Article 8A of
5         Chapter V of the Unified Code of Corrections;
6         (r) refrain from entering into a designated geographic
7     area except upon terms as the court finds appropriate. The
8     terms may include consideration of the purpose of the
9     entry, the time of day, other persons accompanying the
10     minor, and advance approval by a probation officer, if the
11     minor has been placed on probation, or advance approval by
12     the court, if the minor has been placed on conditional
13     discharge;
14         (s) refrain from having any contact, directly or
15     indirectly, with certain specified persons or particular
16     types of persons, including but not limited to members of
17     street gangs and drug users or dealers;
18         (s-5) undergo a medical or other procedure to have a
19     tattoo symbolizing allegiance to a street gang removed from
20     his or her body;
21         (t) refrain from having in his or her body the presence
22     of any illicit drug prohibited by the Cannabis Control Act,
23     the Illinois Controlled Substances Act, or the
24     Methamphetamine Control and Community Protection Act,
25     unless prescribed by a physician, and shall submit samples
26     of his or her blood or urine or both for tests to determine

 

 

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1     the presence of any illicit drug; or
2         (u) comply with other conditions as may be ordered by
3     the court.
4     (3) The court may as a condition of probation or of
5 conditional discharge require that a minor found guilty on any
6 alcohol, cannabis, methamphetamine, or controlled substance
7 violation, refrain from acquiring a driver's license during the
8 period of probation or conditional discharge. If the minor is
9 in possession of a permit or license, the court may require
10 that the minor refrain from driving or operating any motor
11 vehicle during the period of probation or conditional
12 discharge, except as may be necessary in the course of the
13 minor's lawful employment.
14     (3.5) The court shall, as a condition of probation or of
15 conditional discharge, require that a minor found to be guilty
16 and placed on probation for reasons that include a violation of
17 Section 3.02 or Section 3.03 of the Humane Care for Animals Act
18 or paragraph (d) of subsection (1) of Section 21-1 of the
19 Criminal Code of 1961 undergo medical or psychiatric treatment
20 rendered by a psychiatrist or psychological treatment rendered
21 by a clinical psychologist. The condition may be in addition to
22 any other condition.
23     (3.10) The court shall order that a minor placed on
24 probation or conditional discharge for a sex offense as defined
25 in the Sex Offender Management Board Act undergo and
26 successfully complete sex offender treatment. The treatment

 

 

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1 shall be in conformance with the standards developed under the
2 Sex Offender Management Board Act and conducted by a treatment
3 provider approved by the Board. The treatment shall be at the
4 expense of the person evaluated based upon that person's
5 ability to pay for the treatment.
6     (4) A minor on probation or conditional discharge shall be
7 given a certificate setting forth the conditions upon which he
8 or she is being released.
9     (5) The court shall impose upon a minor placed on probation
10 or conditional discharge, as a condition of the probation or
11 conditional discharge, a fee of $50 $25 for each month of
12 probation or conditional discharge supervision ordered by the
13 court, unless after determining the inability of the minor
14 placed on probation or conditional discharge to pay the fee,
15 the court assesses a lesser amount. The court may not impose
16 the fee on a minor who is made a ward of the State under this
17 Act while the minor is in placement. The fee shall be imposed
18 only upon a minor who is actively supervised by the probation
19 and court services department. The court may order the parent,
20 guardian, or legal custodian of the minor to pay some or all of
21 the fee on the minor's behalf.
22     (6) The General Assembly finds that in order to protect the
23 public, the juvenile justice system must compel compliance with
24 the conditions of probation by responding to violations with
25 swift, certain, and fair punishments and intermediate
26 sanctions. The Chief Judge of each circuit shall adopt a system

 

 

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1 of structured, intermediate sanctions for violations of the
2 terms and conditions of a sentence of supervision, probation or
3 conditional discharge, under this Act.
4     The court shall provide as a condition of a disposition of
5 probation, conditional discharge, or supervision, that the
6 probation agency may invoke any sanction from the list of
7 intermediate sanctions adopted by the chief judge of the
8 circuit court for violations of the terms and conditions of the
9 sentence of probation, conditional discharge, or supervision,
10 subject to the provisions of Section 5-720 of this Act.
11 (Source: P.A. 93-616, eff. 1-1-04; 94-556, eff. 9-11-05.)
 
12     (705 ILCS 405/5-905)
13     Sec. 5-905. Law enforcement records.
14     (1) Law Enforcement Records. Inspection and copying of law
15 enforcement records maintained by law enforcement agencies
16 that relate to a minor who has been arrested or taken into
17 custody before his or her 17th birthday shall be restricted to
18 the following and when necessary for the discharge of their
19 official duties:
20         (a) A judge of the circuit court and members of the
21     staff of the court designated by the judge;
22         (b) Law enforcement officers, probation officers or
23     prosecutors or their staff, or, when necessary for the
24     discharge of its official duties in connection with a
25     particular investigation of the conduct of a law

 

 

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1     enforcement officer, an independent agency or its staff
2     created by ordinance and charged by a unit of local
3     government with the duty of investigating the conduct of
4     law enforcement officers;
5         (c) The minor, the minor's parents or legal guardian
6     and their attorneys, but only when the juvenile has been
7     charged with an offense;
8         (d) Adult and Juvenile Prisoner Review Boards;
9         (e) Authorized military personnel;
10         (f) Persons engaged in bona fide research, with the
11     permission of the judge of juvenile court and the chief
12     executive of the agency that prepared the particular
13     recording: provided that publication of such research
14     results in no disclosure of a minor's identity and protects
15     the confidentiality of the record;
16         (g) Individuals responsible for supervising or
17     providing temporary or permanent care and custody of minors
18     pursuant to orders of the juvenile court or directives from
19     officials of the Department of Children and Family Services
20     or the Department of Human Services who certify in writing
21     that the information will not be disclosed to any other
22     party except as provided under law or order of court;
23         (h) The appropriate school official. Inspection and
24     copying shall be limited to law enforcement records
25     transmitted to the appropriate school official by a local
26     law enforcement agency under a reciprocal reporting system

 

 

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1     established and maintained between the school district and
2     the local law enforcement agency under Section 10-20.14 of
3     the School Code concerning a minor enrolled in a school
4     within the school district who has been arrested for any
5     offense classified as a felony or a Class A or B
6     misdemeanor.
7     (2) Information identifying victims and alleged victims of
8 sex offenses, shall not be disclosed or open to public
9 inspection under any circumstances. Nothing in this Section
10 shall prohibit the victim or alleged victim of any sex offense
11 from voluntarily disclosing his or her identity.
12     (2.5) If the minor is a victim of aggravated battery,
13 battery, attempted first degree murder, or other non-sexual
14 violent offense, the identity of the victim may be disclosed to
15 appropriate school officials, for the purpose of preventing
16 foreseeable future violence involving minors, by a local law
17 enforcement agency pursuant to an agreement established
18 between the school district and a local law enforcement agency
19 subject to the approval by the presiding judge of the juvenile
20 court.
21     (3) Relevant information, reports and records shall be made
22 available to the Department of Juvenile Justice when a juvenile
23 offender has been placed in the custody of the Department of
24 Juvenile Justice.
25     (4) Nothing in this Section shall prohibit the inspection
26 or disclosure to victims and witnesses of photographs contained

 

 

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1 in the records of law enforcement agencies when the inspection
2 or disclosure is conducted in the presence of a law enforcement
3 officer for purposes of identification or apprehension of any
4 person in the course of any criminal investigation or
5 prosecution.
6     (5) The records of law enforcement officers, or of an
7 independent agency created by ordinance and charged by a unit
8 of local government with the duty of investigating the conduct
9 of law enforcement officers, concerning all minors under 17
10 years of age must be maintained separate from the records of
11 adults and may not be open to public inspection or their
12 contents disclosed to the public except by order of the court
13 or when the institution of criminal proceedings has been
14 permitted under Section 5-130 or 5-805 or required under
15 Section 5-130 or 5-805 or such a person has been convicted of a
16 crime and is the subject of pre-sentence investigation or when
17 provided by law.
18     (6) Except as otherwise provided in this subsection (6),
19 law enforcement officers, and personnel of an independent
20 agency created by ordinance and charged by a unit of local
21 government with the duty of investigating the conduct of law
22 enforcement officers, may not disclose the identity of any
23 minor in releasing information to the general public as to the
24 arrest, investigation or disposition of any case involving a
25 minor. Any victim or parent or legal guardian of a victim may
26 petition the court to disclose the name and address of the

 

 

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1 minor and the minor's parents or legal guardian, or both. Upon
2 a finding by clear and convincing evidence that the disclosure
3 is either necessary for the victim to pursue a civil remedy
4 against the minor or the minor's parents or legal guardian, or
5 both, or to protect the victim's person or property from the
6 minor, then the court may order the disclosure of the
7 information to the victim or to the parent or legal guardian of
8 the victim only for the purpose of the victim pursuing a civil
9 remedy against the minor or the minor's parents or legal
10 guardian, or both, or to protect the victim's person or
11 property from the minor.
12     (7) Nothing contained in this Section shall prohibit law
13 enforcement agencies when acting in their official capacity
14 from communicating with each other by letter, memorandum,
15 teletype or intelligence alert bulletin or other means the
16 identity or other relevant information pertaining to a person
17 under 17 years of age. The information provided under this
18 subsection (7) shall remain confidential and shall not be
19 publicly disclosed, except as otherwise allowed by law.
20     (8) No person shall disclose information under this Section
21 except when acting in his or her official capacity and as
22 provided by law or order of court.
23 (Source: P.A. 96-419, eff. 8-13-09.)
 
24     Section 10. The Unified Code of Corrections is amended by
25 changing Sections 5-6-3 and 5-6-3.1 as follows:
 

 

 

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1     (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
2     Sec. 5-6-3. Conditions of Probation and of Conditional
3 Discharge.
4     (a) The conditions of probation and of conditional
5 discharge shall be that the person:
6         (1) not violate any criminal statute of any
7     jurisdiction;
8         (2) report to or appear in person before such person or
9     agency as directed by the court;
10         (3) refrain from possessing a firearm or other
11     dangerous weapon where the offense is a felony or, if a
12     misdemeanor, the offense involved the intentional or
13     knowing infliction of bodily harm or threat of bodily harm;
14         (4) not leave the State without the consent of the
15     court or, in circumstances in which the reason for the
16     absence is of such an emergency nature that prior consent
17     by the court is not possible, without the prior
18     notification and approval of the person's probation
19     officer. Transfer of a person's probation or conditional
20     discharge supervision to another state is subject to
21     acceptance by the other state pursuant to the Interstate
22     Compact for Adult Offender Supervision;
23         (5) permit the probation officer to visit him at his
24     home or elsewhere to the extent necessary to discharge his
25     duties;

 

 

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

 

 

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1     or to work toward completing a vocational training program
2     approved by the court. The person on probation or
3     conditional discharge must attend a public institution of
4     education to obtain the educational or vocational training
5     required by this clause (7). The court shall revoke the
6     probation or conditional discharge of a person who wilfully
7     fails to comply with this clause (7). The person on
8     probation or conditional discharge shall be required to pay
9     for the cost of the educational courses or GED test, if a
10     fee is charged for those courses or test. The court shall
11     resentence the offender whose probation or conditional
12     discharge has been revoked as provided in Section 5-6-4.
13     This clause (7) does not apply to a person who has a high
14     school diploma or has successfully passed the GED test.
15     This clause (7) does not apply to a person who is
16     determined by the court to be developmentally disabled or
17     otherwise mentally incapable of completing the educational
18     or vocational program;
19         (8) if convicted of possession of a substance
20     prohibited by the Cannabis Control Act, the Illinois
21     Controlled Substances Act, or the Methamphetamine Control
22     and Community Protection Act after a previous conviction or
23     disposition of supervision for possession of a substance
24     prohibited by the Cannabis Control Act or Illinois
25     Controlled Substances Act or after a sentence of probation
26     under Section 10 of the Cannabis Control Act, Section 410

 

 

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1     of the Illinois Controlled Substances Act, or Section 70 of
2     the Methamphetamine Control and Community Protection Act
3     and upon a finding by the court that the person is
4     addicted, undergo treatment at a substance abuse program
5     approved by the court;
6         (8.5) if convicted of a felony sex offense as defined
7     in the Sex Offender Management Board Act, the person shall
8     undergo and successfully complete sex offender treatment
9     by a treatment provider approved by the Board and conducted
10     in conformance with the standards developed under the Sex
11     Offender Management Board Act;
12         (8.6) if convicted of a sex offense as defined in the
13     Sex Offender Management Board Act, refrain from residing at
14     the same address or in the same condominium unit or
15     apartment unit or in the same condominium complex or
16     apartment complex with another person he or she knows or
17     reasonably should know is a convicted sex offender or has
18     been placed on supervision for a sex offense; the
19     provisions of this paragraph do not apply to a person
20     convicted of a sex offense who is placed in a Department of
21     Corrections licensed transitional housing facility for sex
22     offenders;
23         (8.7) if convicted for an offense committed on or after
24     June 1, 2008 (the effective date of Public Act 95-464) that
25     would qualify the accused as a child sex offender as
26     defined in Section 11-9.3 or 11-9.4 of the Criminal Code of

 

 

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

 

 

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1         computer or information technology specialist,
2         including the retrieval and copying of all data from
3         the computer or device and any internal or external
4         peripherals and removal of such information,
5         equipment, or device to conduct a more thorough
6         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 offender's probation officer;
15         (8.9) if convicted of a sex offense as defined in the
16     Sex Offender Registration Act committed on or after January
17     1, 2010 (the effective date of Public Act 96-262) this
18     amendatory Act of the 96th General Assembly, refrain from
19     accessing or using a social networking website as defined
20     in Section 16D-2 of the Criminal Code of 1961;
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;
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; and
9         (11) if convicted of a sex offense as defined in
10     Section 2 of the Sex Offender Registration Act committed on
11     or after January 1, 2010 (the effective date of Public Act
12     96-362) this amendatory Act of the 96th General Assembly
13     that requires the person to register as a sex offender
14     under that Act, may not knowingly use any computer scrub
15     software on any computer that the sex offender uses.
16     (b) The Court may in addition to other reasonable
17 conditions relating to the nature of the offense or the
18 rehabilitation of the defendant as determined for each
19 defendant in the proper discretion of the Court require that
20 the person:
21         (1) serve a term of periodic imprisonment under Article
22     7 for a period not to exceed that specified in paragraph
23     (d) of Section 5-7-1;
24         (2) pay a fine and costs;
25         (3) work or pursue a course of study or vocational
26     training;

 

 

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

 

 

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

 

 

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1         treasurer for deposit in the substance abuse services
2         fund under Section 5-1086.1 of the Counties Code; and
3             (v) for persons convicted of offenses other than
4         those referenced in clause (iv) above and who are
5         placed on an approved monitoring device as a condition
6         of probation or conditional discharge, the court shall
7         impose a reasonable fee for each day of the use of the
8         device, as established by the county board in
9         subsection (g) of this Section, unless after
10         determining the inability of the defendant to pay the
11         fee, the court assesses a lesser fee or no fee as the
12         case may be. This fee shall be imposed in addition to
13         the fees imposed under subsections (g) and (i) of this
14         Section. The fee shall be collected by the clerk of the
15         circuit court. The clerk of the circuit court shall pay
16         all monies collected from this fee to the county
17         treasurer who shall use the monies collected to defray
18         the costs of corrections. The county treasurer shall
19         deposit the fee collected in the county working cash
20         fund under Section 6-27001 or Section 6-29002 of the
21         Counties Code, as the case may be.
22         (11) comply with the terms and conditions of an order
23     of protection issued by the court pursuant to the Illinois
24     Domestic Violence Act of 1986, as now or hereafter amended,
25     or an order of protection issued by the court of another
26     state, tribe, or United States territory. A copy of the

 

 

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1     order of protection shall be transmitted to the probation
2     officer or agency having responsibility for the case;
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, if the defendant has been placed on
25     probation or advance approval by the court, if the
26     defendant was placed on conditional discharge;

 

 

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1         (15) refrain from having any contact, directly or
2     indirectly, with certain specified persons or particular
3     types of persons, including but not limited to members of
4     street gangs and drug users or dealers;
5         (16) refrain from having in his or her body the
6     presence of any illicit drug prohibited by the Cannabis
7     Control Act, the Illinois Controlled Substances Act, or the
8     Methamphetamine Control and Community Protection Act,
9     unless prescribed by a physician, and submit samples of his
10     or her blood or urine or both for tests to determine the
11     presence of any illicit drug;
12         (17) if convicted for an offense committed on or after
13     June 1, 2008 (the effective date of Public Act 95-464) that
14     would qualify the accused as a child sex offender as
15     defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
16     1961, refrain from communicating with or contacting, by
17     means of the Internet, a person who is related to the
18     accused and whom the accused reasonably believes to be
19     under 18 years of age; for purposes of this paragraph (17),
20     "Internet" has the meaning ascribed to it in Section 16J-5
21     of the Criminal Code of 1961; and a person is related to
22     the accused if the person is: (i) the spouse, brother, or
23     sister of the accused; (ii) a descendant of the accused;
24     (iii) a first or second cousin of the accused; or (iv) a
25     step-child or adopted child of the accused;
26         (18) if convicted for an offense committed on or after

 

 

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1     June 1, 2009 (the effective date of Public Act 95-983) that
2     would qualify as a sex offense as defined in the Sex
3     Offender Registration Act:
4             (i) not access or use a computer or any other
5         device with Internet capability without the prior
6         written approval of the offender's probation officer,
7         except in connection with the offender's employment or
8         search for employment with the prior approval of the
9         offender's probation officer;
10             (ii) submit to periodic unannounced examinations
11         of the offender's computer or any other device with
12         Internet capability by the offender's probation
13         officer, a law enforcement officer, or assigned
14         computer or information technology specialist,
15         including the retrieval and copying of all data from
16         the computer or device and any internal or external
17         peripherals and removal of such information,
18         equipment, or device to conduct a more thorough
19         inspection;
20             (iii) submit to the installation on the offender's
21         computer or device with Internet capability, at the
22         subject's expense, of one or more hardware or software
23         systems to monitor the Internet use; and
24             (iv) submit to any other appropriate restrictions
25         concerning the offender's use of or access to a
26         computer or any other device with Internet capability

 

 

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

 

 

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

 

 

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

 

 

SB3540 Enrolled - 36 - LRB096 19411 RLC 34802 b

1 clerk of the circuit court. The clerk of the circuit court
2 shall pay all monies collected from this fee to the county
3 treasurer for deposit in the probation and court services fund
4 under Section 15.1 of the Probation and Probation Officers Act.
5     A circuit court may not impose a probation fee under this
6 subsection (i) in excess of $25 per month unless: (1) the
7 circuit court has adopted, by administrative order issued by
8 the chief judge, a standard probation fee guide determining an
9 offender's ability to pay, under guidelines developed by the
10 Administrative Office of the Illinois Courts; and (2) the
11 circuit court has authorized, by administrative order issued by
12 the chief judge, the creation of a Crime Victim's Services
13 Fund, to be administered by the Chief Judge or his or her
14 designee, for services to crime victims and their families. Of
15 the amount collected as a probation fee, up to $5 of that fee
16 collected per month may be used to provide services to crime
17 victims and their families.
18     The Court may only waive probation fees based on an
19 offender's ability to pay. The probation department may
20 re-evaluate an offender's ability to pay every 6 months, and,
21 with the approval of the Director of Court Services or the
22 Chief Probation Officer, adjust the monthly fee amount. An
23 offender may elect to pay probation fees due in a lump sum. Any
24 offender that has been assigned to the supervision of a
25 probation department, or has been transferred either under
26 subsection (h) of this Section or under any interstate compact,

 

 

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1 shall be required to pay probation fees to the department
2 supervising the offender, based on the offender's ability to
3 pay.
4     This amendatory Act of the 93rd General Assembly deletes
5 the $10 increase in the fee under this subsection that was
6 imposed by Public Act 93-616. This deletion is intended to
7 control over any other Act of the 93rd General Assembly that
8 retains or incorporates that fee increase.
9     (i-5) In addition to the fees imposed under subsection (i)
10 of this Section, in the case of an offender convicted of a
11 felony sex offense (as defined in the Sex Offender Management
12 Board Act) or an offense that the court or probation department
13 has determined to be sexually motivated (as defined in the Sex
14 Offender Management Board Act), the court or the probation
15 department shall assess additional fees to pay for all costs of
16 treatment, assessment, evaluation for risk and treatment, and
17 monitoring the offender, based on that offender's ability to
18 pay those costs either as they occur or under a payment plan.
19     (j) All fines and costs imposed under this Section for any
20 violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
21 Code, or a similar provision of a local ordinance, and any
22 violation of the Child Passenger Protection Act, or a similar
23 provision of a local ordinance, shall be collected and
24 disbursed by the circuit clerk as provided under Section 27.5
25 of the Clerks of Courts Act.
26     (k) Any offender who is sentenced to probation or

 

 

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1 conditional discharge for a felony sex offense as defined in
2 the Sex Offender Management Board Act or any offense that the
3 court or probation department has determined to be sexually
4 motivated as defined in the Sex Offender Management Board Act
5 shall be required to refrain from any contact, directly or
6 indirectly, with any persons specified by the court and shall
7 be available for all evaluations and treatment programs
8 required by the court or the probation department.
9     (l) The court may order an offender who is sentenced to
10 probation or conditional discharge for a violation of an order
11 of protection be placed under electronic surveillance as
12 provided in Section 5-8A-7 of this Code.
13 (Source: P.A. 95-331, eff. 8-21-07; 95-464, eff. 6-1-08;
14 95-578, eff. 6-1-08; 95-696, eff. 6-1-08; 95-773, eff. 1-1-09;
15 95-876, eff. 8-21-08; 95-983, eff. 6-1-09; 96-262, eff. 1-1-10;
16 96-328, eff. 8-11-09; 96-362, eff. 1-1-10; 96-695, eff.
17 8-25-09; revised 9-25-09.)
 
18     (730 ILCS 5/5-6-3.1)  (from Ch. 38, par. 1005-6-3.1)
19     Sec. 5-6-3.1. Incidents and Conditions of Supervision.
20     (a) When a defendant is placed on supervision, the court
21 shall enter an order for supervision specifying the period of
22 such supervision, and shall defer further proceedings in the
23 case until the conclusion of the period.
24     (b) The period of supervision shall be reasonable under all
25 of the circumstances of the case, but may not be longer than 2

 

 

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1 years, unless the defendant has failed to pay the assessment
2 required by Section 10.3 of the Cannabis Control Act, Section
3 411.2 of the Illinois Controlled Substances Act, or Section 80
4 of the Methamphetamine Control and Community Protection Act, in
5 which case the court may extend supervision beyond 2 years.
6 Additionally, the court shall order the defendant to perform no
7 less than 30 hours of community service and not more than 120
8 hours of community service, if community service is available
9 in the jurisdiction and is funded and approved by the county
10 board where the offense was committed, when the offense (1) was
11 related to or in furtherance of the criminal activities of an
12 organized gang or was motivated by the defendant's membership
13 in or allegiance to an organized gang; or (2) is a violation of
14 any Section of Article 24 of the Criminal Code of 1961 where a
15 disposition of supervision is not prohibited by Section 5-6-1
16 of this Code. The community service shall include, but not be
17 limited to, the cleanup and repair of any damage caused by
18 violation of Section 21-1.3 of the Criminal Code of 1961 and
19 similar damages to property located within the municipality or
20 county in which the violation occurred. Where possible and
21 reasonable, the community service should be performed in the
22 offender's neighborhood.
23     For the purposes of this Section, "organized gang" has the
24 meaning ascribed to it in Section 10 of the Illinois Streetgang
25 Terrorism Omnibus Prevention Act.
26     (c) The court may in addition to other reasonable

 

 

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1 conditions relating to the nature of the offense or the
2 rehabilitation of the defendant as determined for each
3 defendant in the proper discretion of the court require that
4 the person:
5         (1) make a report to and appear in person before or
6     participate with the court or such courts, person, or
7     social service agency as directed by the court in the order
8     of supervision;
9         (2) pay a fine and costs;
10         (3) work or pursue a course of study or vocational
11     training;
12         (4) undergo medical, psychological or psychiatric
13     treatment; or treatment for drug addiction or alcoholism;
14         (5) attend or reside in a facility established for the
15     instruction or residence of defendants on probation;
16         (6) support his dependents;
17         (7) refrain from possessing a firearm or other
18     dangerous weapon;
19         (8) and in addition, if a minor:
20             (i) reside with his parents or in a foster home;
21             (ii) attend school;
22             (iii) attend a non-residential program for youth;
23             (iv) contribute to his own support at home or in a
24         foster home; or
25             (v) with the consent of the superintendent of the
26         facility, attend an educational program at a facility

 

 

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1         other than the school in which the offense was
2         committed if he or she is placed on supervision for a
3         crime of violence as defined in Section 2 of the Crime
4         Victims Compensation Act committed in a school, on the
5         real property comprising a school, or within 1,000 feet
6         of the real property comprising a school;
7         (9) make restitution or reparation in an amount not to
8     exceed actual loss or damage to property and pecuniary loss
9     or make restitution under Section 5-5-6 to a domestic
10     violence shelter. The court shall determine the amount and
11     conditions of payment;
12         (10) perform some reasonable public or community
13     service;
14         (11) comply with the terms and conditions of an order
15     of protection issued by the court pursuant to the Illinois
16     Domestic Violence Act of 1986 or an order of protection
17     issued by the court of another state, tribe, or United
18     States territory. If the court has ordered the defendant to
19     make a report and appear in person under paragraph (1) of
20     this subsection, a copy of the order of protection shall be
21     transmitted to the person or agency so designated by the
22     court;
23         (12) reimburse any "local anti-crime program" as
24     defined in Section 7 of the Anti-Crime Advisory Council Act
25     for any reasonable expenses incurred by the program on the
26     offender's case, not to exceed the maximum amount of the

 

 

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

 

 

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1     unless prescribed by a physician, and submit samples of his
2     or her blood or urine or both for tests to determine the
3     presence of any illicit drug;
4         (17) refrain from operating any motor vehicle not
5     equipped with an ignition interlock device as defined in
6     Section 1-129.1 of the Illinois Vehicle Code; under this
7     condition the court may allow a defendant who is not
8     self-employed to operate a vehicle owned by the defendant's
9     employer that is not equipped with an ignition interlock
10     device in the course and scope of the defendant's
11     employment; and
12         (18) if placed on supervision for a sex offense as
13     defined in subsection (a-5) of Section 3-1-2 of this Code,
14     unless the offender is a parent or guardian of the person
15     under 18 years of age present in the home and no
16     non-familial minors are present, not participate in a
17     holiday event involving children under 18 years of age,
18     such as distributing candy or other items to children on
19     Halloween, wearing a Santa Claus costume on or preceding
20     Christmas, being employed as a department store Santa
21     Claus, or wearing an Easter Bunny costume on or preceding
22     Easter.
23     (d) The court shall defer entering any judgment on the
24 charges until the conclusion of the supervision.
25     (e) At the conclusion of the period of supervision, if the
26 court determines that the defendant has successfully complied

 

 

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1 with all of the conditions of supervision, the court shall
2 discharge the defendant and enter a judgment dismissing the
3 charges.
4     (f) Discharge and dismissal upon a successful conclusion of
5 a disposition of supervision shall be deemed without
6 adjudication of guilt and shall not be termed a conviction for
7 purposes of disqualification or disabilities imposed by law
8 upon conviction of a crime. Two years after the discharge and
9 dismissal under this Section, unless the disposition of
10 supervision was for a violation of Sections 3-707, 3-708,
11 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a
12 similar provision of a local ordinance, or for a violation of
13 Sections 12-3.2 or 16A-3 of the Criminal Code of 1961, in which
14 case it shall be 5 years after discharge and dismissal, a
15 person may have his record of arrest sealed or expunged as may
16 be provided by law. However, any defendant placed on
17 supervision before January 1, 1980, may move for sealing or
18 expungement of his arrest record, as provided by law, at any
19 time after discharge and dismissal under this Section. A person
20 placed on supervision for a sexual offense committed against a
21 minor as defined in clause (a)(1)(L) of Section 5.2 of the
22 Criminal Identification Act or for a violation of Section
23 11-501 of the Illinois Vehicle Code or a similar provision of a
24 local ordinance shall not have his or her record of arrest
25 sealed or expunged.
26     (g) A defendant placed on supervision and who during the

 

 

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1 period of supervision undergoes mandatory drug or alcohol
2 testing, or both, or is assigned to be placed on an approved
3 electronic monitoring device, shall be ordered to pay the costs
4 incidental to such mandatory drug or alcohol testing, or both,
5 and costs incidental to such approved electronic monitoring in
6 accordance with the defendant's ability to pay those costs. The
7 county board with the concurrence of the Chief Judge of the
8 judicial circuit in which the county is located shall establish
9 reasonable fees for the cost of maintenance, testing, and
10 incidental expenses related to the mandatory drug or alcohol
11 testing, or both, and all costs incidental to approved
12 electronic monitoring, of all defendants placed on
13 supervision. The concurrence of the Chief Judge shall be in the
14 form of an administrative order. The fees shall be collected by
15 the clerk of the circuit court. The clerk of the circuit court
16 shall pay all moneys collected from these fees to the county
17 treasurer who shall use the moneys collected to defray the
18 costs of drug testing, alcohol testing, and electronic
19 monitoring. The county treasurer shall deposit the fees
20 collected in the county working cash fund under Section 6-27001
21 or Section 6-29002 of the Counties Code, as the case may be.
22     (h) A disposition of supervision is a final order for the
23 purposes of appeal.
24     (i) The court shall impose upon a defendant placed on
25 supervision after January 1, 1992 or to community service under
26 the supervision of a probation or court services department

 

 

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1 after January 1, 2004, as a condition of supervision or
2 supervised community service, a fee of $50 for each month of
3 supervision or supervised community service ordered by the
4 court, unless after determining the inability of the person
5 placed on supervision or supervised community service to pay
6 the fee, the court assesses a lesser fee. The court may not
7 impose the fee on a minor who is made a ward of the State under
8 the Juvenile Court Act of 1987 while the minor is in placement.
9 The fee shall be imposed only upon a defendant who is actively
10 supervised by the probation and court services department. The
11 fee shall be collected by the clerk of the circuit court. The
12 clerk of the circuit court shall pay all monies collected from
13 this fee to the county treasurer for deposit in the probation
14 and court services fund pursuant to Section 15.1 of the
15 Probation and Probation Officers Act.
16     A circuit court may not impose a probation fee in excess of
17 $25 per month unless: (1) the circuit court has adopted, by
18 administrative order issued by the chief judge, a standard
19 probation fee guide determining an offender's ability to pay,
20 under guidelines developed by the Administrative Office of the
21 Illinois Courts; and (2) the circuit court has authorized, by
22 administrative order issued by the chief judge, the creation of
23 a Crime Victim's Services Fund, to be administered by the Chief
24 Judge or his or her designee, for services to crime victims and
25 their families. Of the amount collected as a probation fee, not
26 to exceed $5 of that fee collected per month may be used to

 

 

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1 provide services to crime victims and their families.
2     The Court may only waive probation fees based on an
3 offender's ability to pay. The probation department may
4 re-evaluate an offender's ability to pay every 6 months, and,
5 with the approval of the Director of Court Services or the
6 Chief Probation Officer, adjust the monthly fee amount. An
7 offender may elect to pay probation fees due in a lump sum. Any
8 offender that has been assigned to the supervision of a
9 probation department, or has been transferred either under
10 subsection (h) of this Section or under any interstate compact,
11 shall be required to pay probation fees to the department
12 supervising the offender, based on the offender's ability to
13 pay.
14     (j) All fines and costs imposed under this Section for any
15 violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
16 Code, or a similar provision of a local ordinance, and any
17 violation of the Child Passenger Protection Act, or a similar
18 provision of a local ordinance, shall be collected and
19 disbursed by the circuit clerk as provided under Section 27.5
20 of the Clerks of Courts Act.
21     (k) A defendant at least 17 years of age who is placed on
22 supervision for a misdemeanor in a county of 3,000,000 or more
23 inhabitants and who has not been previously convicted of a
24 misdemeanor or felony may as a condition of his or her
25 supervision be required by the court to attend educational
26 courses designed to prepare the defendant for a high school

 

 

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

 

 

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1 Methamphetamine Control and Community Protection Act or a
2 sentence of probation under Section 10 of the Cannabis Control
3 Act or Section 410 of the Illinois Controlled Substances Act
4 and after a finding by the court that the person is addicted,
5 to undergo treatment at a substance abuse program approved by
6 the court.
7     (m) The Secretary of State shall require anyone placed on
8 court supervision for a violation of Section 3-707 of the
9 Illinois Vehicle Code or a similar provision of a local
10 ordinance to give proof of his or her financial responsibility
11 as defined in Section 7-315 of the Illinois Vehicle Code. The
12 proof shall be maintained by the individual in a manner
13 satisfactory to the Secretary of State for a minimum period of
14 3 years after the date the proof is first filed. The proof
15 shall be limited to a single action per arrest and may not be
16 affected by any post-sentence disposition. The Secretary of
17 State shall suspend the driver's license of any person
18 determined by the Secretary to be in violation of this
19 subsection.
20     (n) Any offender placed on supervision for any offense that
21 the court or probation department has determined to be sexually
22 motivated as defined in the Sex Offender Management Board Act
23 shall be required to refrain from any contact, directly or
24 indirectly, with any persons specified by the court and shall
25 be available for all evaluations and treatment programs
26 required by the court or the probation department.

 

 

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

 

 

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

 

 

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1     enforcement officer, or assigned computer or information
2     technology specialist, including the retrieval and copying
3     of all data from the computer or device and any internal or
4     external peripherals and removal of such information,
5     equipment, or device to conduct a more thorough 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 computer or
12     any other device with Internet capability imposed by the
13     court.
14     (s) An offender placed on supervision for an offense that
15 is a sex offense as defined in Section 2 of the Sex Offender
16 Registration Act that is committed on or after January 1, 2010
17 (the effective date of Public Act 96-362) this amendatory Act
18 of the 96th General Assembly that requires the person to
19 register as a sex offender under that Act, may not knowingly
20 use any computer scrub software on any computer that the sex
21 offender uses.
22     (t) (s) An offender placed on supervision for a sex offense
23 as defined in the Sex Offender Registration Act committed on or
24 after January 1, 2010 (the effective date of Public Act 96-262)
25 this amendatory Act of the 96th General Assembly shall refrain
26 from accessing or using a social networking website as defined

 

 

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1 in Section 16D-2 of the Criminal Code of 1961.
2 (Source: P.A. 95-211, eff. 1-1-08; 95-331, eff. 8-21-07;
3 95-464, eff. 6-1-08; 95-696, eff. 6-1-08; 95-876, eff. 8-21-08;
4 95-983, eff. 6-1-09; 96-262, eff. 1-1-10; 96-362, eff. 1-1-10;
5 96-409, eff. 1-1-10; revised 9-25-09.)