Full Text of HB0350 94th General Assembly
HB0350enr 94TH GENERAL ASSEMBLY
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HB0350 Enrolled |
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LRB094 05157 RLC 35198 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Unified Code of Corrections is amended by | 5 |
| changing Sections 3-3-7, 3-3-9, 3-14-2, 5-6-3, 5-6-3.1, and | 6 |
| 5-6-4 and by adding Article 17 to Chapter III as follows: | 7 |
| (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | 8 |
| Sec. 3-3-7. Conditions of Parole or Mandatory Supervised | 9 |
| Release.
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| (a) The conditions of parole or mandatory
supervised | 11 |
| release shall be such as the Prisoner Review
Board deems | 12 |
| necessary to assist the subject in leading a
law-abiding life. | 13 |
| The conditions of every parole and mandatory
supervised release | 14 |
| are that the subject:
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| (1) not violate any criminal statute of any | 16 |
| jurisdiction
during the parole or release term;
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| (2) refrain from possessing a firearm or other | 18 |
| dangerous
weapon;
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| (3) report to an agent of the Department of | 20 |
| Corrections;
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| (4) permit the agent to visit him or her at his or her | 22 |
| home, employment,
or
elsewhere to the
extent necessary for | 23 |
| the agent to discharge his or her duties;
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| (5) attend or reside in a facility established for the | 25 |
| instruction or
residence
of persons on
parole or mandatory | 26 |
| supervised release;
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| (6) secure permission before visiting or writing a | 28 |
| committed person in an
Illinois Department
of Corrections | 29 |
| facility;
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| (7) report all arrests to an agent of the Department of | 31 |
| Corrections as
soon as
permitted by the
arresting authority | 32 |
| but in no event later than 24 hours after release from
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| custody;
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| (7.5) if convicted of a sex offense as defined in the | 3 |
| Sex Offender
Management Board Act, the individual shall | 4 |
| undergo and successfully complete
sex offender treatment | 5 |
| conducted in conformance with the standards developed by
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| the Sex
Offender Management Board Act by a treatment | 7 |
| provider approved by the Board;
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| (7.6) if convicted of a sex offense as defined in the | 9 |
| Sex Offender
Management Board Act, refrain from residing at | 10 |
| the same address or in the same condominium unit or | 11 |
| apartment unit or in the same condominium complex or | 12 |
| apartment complex with another person he or she knows or | 13 |
| reasonably should know is a convicted sex offender or has | 14 |
| been placed on supervision for a sex offense; the | 15 |
| provisions of this paragraph do not apply to a person | 16 |
| convicted of a sex offense who is placed in a Department of | 17 |
| Corrections licensed transitional housing facility for sex | 18 |
| offenders, or is in any facility operated or licensed by | 19 |
| the Department of Children and Family Services or by the | 20 |
| Department of Human Services, or is in any licensed medical | 21 |
| facility;
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| (8) obtain permission of an agent of the Department of | 23 |
| Corrections before
leaving the
State of Illinois;
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| (9) obtain permission of an agent of the Department of | 25 |
| Corrections before
changing
his or her residence or | 26 |
| employment;
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| (10) consent to a search of his or her person, | 28 |
| property, or residence
under his or her
control;
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| (11) refrain from the use or possession of narcotics or | 30 |
| other controlled
substances in
any form, or both, or any | 31 |
| paraphernalia related to those substances and submit
to a
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| urinalysis test as instructed by a parole agent of the | 33 |
| Department of
Corrections;
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| (12) not frequent places where controlled substances | 35 |
| are illegally sold,
used,
distributed, or administered;
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| (13) not knowingly associate with other persons on |
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| parole or mandatory
supervised
release without prior | 2 |
| written permission of his or her parole agent and not
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| associate with
persons who are members of an organized gang | 4 |
| as that term is defined in the
Illinois
Streetgang | 5 |
| Terrorism Omnibus Prevention Act;
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| (14) provide true and accurate information, as it | 7 |
| relates to his or her
adjustment in the
community while on | 8 |
| parole or mandatory supervised release or to his or her
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| conduct
while incarcerated, in response to inquiries by his | 10 |
| or her parole agent or of
the
Department of Corrections; | 11 |
| and
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| (15) follow any specific instructions provided by the | 13 |
| parole agent that
are consistent
with furthering | 14 |
| conditions set and approved by the Prisoner Review Board or | 15 |
| by
law,
exclusive of placement on electronic detention, to | 16 |
| achieve the goals and
objectives of his
or her parole or | 17 |
| mandatory supervised release or to protect the public. | 18 |
| These
instructions by the parole agent may be modified at | 19 |
| any time, as the agent
deems
appropriate.
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| (b) The Board may in addition to other conditions
require | 21 |
| that the subject:
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| (1) work or pursue a course of study or vocational | 23 |
| training;
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| (2) undergo medical or psychiatric treatment, or | 25 |
| treatment
for drug addiction or alcoholism;
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| (3) attend or reside in a facility established for the
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| instruction or residence of persons on probation or parole;
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| (4) support his dependents;
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| (5) (blank);
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| (6) (blank);
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| (7) comply with the terms and conditions of an order of | 32 |
| protection
issued pursuant to the Illinois Domestic | 33 |
| Violence Act of 1986, enacted by the
84th General Assembly, | 34 |
| or an order of protection issued by the court of another
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| state, tribe, or United States territory; and
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| (8) in addition, if a minor:
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| (i) reside with his parents or in a foster home;
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| (ii) attend school;
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| (iii) attend a non-residential program for youth; | 4 |
| or
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| (iv) contribute to his own support at home or in a | 6 |
| foster
home.
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| (b-1) In addition to the conditions set forth in | 8 |
| subsections (a) and (b), persons required to register as sex | 9 |
| offenders pursuant to the Sex Offender Registration Act, upon | 10 |
| release from the custody of the Illinois Department of | 11 |
| Corrections, may be required by the Board to comply with the | 12 |
| following specific conditions of release: | 13 |
| (1) reside only at a Department approved location; | 14 |
| (2) comply with all requirements of the Sex Offender | 15 |
| Registration Act;
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| (3) notify
third parties of the risks that may be | 17 |
| occasioned by his or her criminal record; | 18 |
| (4) obtain the approval of an agent of the Department | 19 |
| of Corrections prior to accepting employment or pursuing a | 20 |
| course of study or vocational training and notify the | 21 |
| Department prior to any change in employment, study, or | 22 |
| training; | 23 |
| (5) not be employed or participate in any
volunteer | 24 |
| activity that involves contact with children, except under | 25 |
| circumstances approved in advance and in writing by an | 26 |
| agent of the Department of Corrections; | 27 |
| (6) be electronically monitored for a minimum of 12 | 28 |
| months from the date of release as determined by the Board;
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| (7) refrain from entering into a designated
geographic | 30 |
| area except upon terms approved in advance by an agent of | 31 |
| the Department of Corrections. The terms may include | 32 |
| consideration of the purpose of the entry, the time of day, | 33 |
| and others accompanying the person; | 34 |
| (8) refrain from having any contact, including
written | 35 |
| or oral communications, directly or indirectly, personally | 36 |
| or by telephone, letter, or through a third party with |
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| certain specified persons including, but not limited to, | 2 |
| the victim or the victim's family without the prior written | 3 |
| approval of an agent of the Department of Corrections; | 4 |
| (9) refrain from all contact, directly or
indirectly, | 5 |
| personally, by telephone, letter, or through a third party, | 6 |
| with minor children without prior identification and | 7 |
| approval of an agent of the Department of Corrections; | 8 |
| (10) neither possess or have under his or her
control | 9 |
| any material that is sexually oriented, sexually | 10 |
| stimulating, or that shows male or female sex organs or any | 11 |
| pictures depicting children under 18 years of age nude or | 12 |
| any written or audio material describing sexual | 13 |
| intercourse or that depicts or alludes to sexual activity, | 14 |
| including but not limited to visual, auditory, telephonic, | 15 |
| or electronic media, or any matter obtained through access | 16 |
| to any computer or material linked to computer access use; | 17 |
| (11) not patronize any business providing
sexually | 18 |
| stimulating or sexually oriented entertainment nor utilize | 19 |
| "900" or adult telephone numbers; | 20 |
| (12) not reside near, visit, or be in or about
parks, | 21 |
| schools, day care centers, swimming pools, beaches, | 22 |
| theaters, or any other places where minor children | 23 |
| congregate without advance approval of an agent of the | 24 |
| Department of Corrections and immediately report any | 25 |
| incidental contact with minor children to the Department; | 26 |
| (13) not possess or have under his or her control
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| certain specified items of contraband related to the | 28 |
| incidence of sexually offending as determined by an agent | 29 |
| of the Department of Corrections; | 30 |
| (14) may be required to provide a written daily log of | 31 |
| activities
if directed by an agent of the Department of | 32 |
| Corrections; | 33 |
| (15) comply with all other special conditions
that the | 34 |
| Department may impose that restrict the person from | 35 |
| high-risk situations and limit access to potential | 36 |
| victims. |
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| (c) The conditions under which the parole or mandatory
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| supervised release is to be served shall be communicated to
the | 3 |
| person in writing prior to his release, and he shall
sign the | 4 |
| same before release. A signed copy of these conditions,
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| including a copy of an order of protection where one had been | 6 |
| issued by the
criminal court, shall be retained by the person | 7 |
| and another copy forwarded to
the officer in charge of his | 8 |
| supervision.
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| (d) After a hearing under Section 3-3-9, the Prisoner
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| Review Board may modify or enlarge the conditions of parole
or | 11 |
| mandatory supervised release.
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| (e) The Department shall inform all offenders committed to
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| the Department of the optional services available to them
upon | 14 |
| release and shall assist inmates in availing themselves
of such | 15 |
| optional services upon their release on a voluntary
basis.
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| (Source: P.A. 92-460, eff. 1-1-02; 93-616, eff. 1-1-04; 93-865, | 17 |
| eff. 1-1-05.)
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| (730 ILCS 5/3-3-9) (from Ch. 38, par. 1003-3-9)
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| Sec. 3-3-9. Violations; changes of conditions; preliminary
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| hearing; revocation of parole or mandatory supervised release;
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| revocation hearing.
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| (a) If prior to expiration or termination of the term of
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| parole or mandatory supervised release, a person violates a
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| condition set by the Prisoner Review Board or a condition of | 25 |
| parole or
mandatory supervised release under Section 3-3-7 of | 26 |
| this Code to govern that
term,
the Board may:
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| (1) continue the existing term, with or without | 28 |
| modifying or
enlarging the conditions; or
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| (2) parole or release the person to a half-way house; | 30 |
| or
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| (3) revoke the parole or mandatory supervised release | 32 |
| and
reconfine the person for a term computed in the | 33 |
| following
manner:
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| (i) (A) For those sentenced under the law in effect | 35 |
| prior to
this amendatory Act of 1977, the recommitment |
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| shall be for any
portion of the imposed maximum term of | 2 |
| imprisonment or confinement
which had not been served | 3 |
| at the time of parole and the parole
term, less the | 4 |
| time elapsed between the parole of the person and
the | 5 |
| commission of the violation for which parole was | 6 |
| revoked;
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| (B) For those subject to mandatory supervised | 8 |
| release under
paragraph (d) of Section 5-8-1 of this | 9 |
| Code, the recommitment
shall be for the total mandatory | 10 |
| supervised release term, less
the time elapsed between | 11 |
| the release of the person and the
commission of the | 12 |
| violation for which mandatory supervised
release is | 13 |
| revoked. The Board may also order that a prisoner
serve | 14 |
| up to one year of the sentence imposed by the court | 15 |
| which
was not served due to the accumulation of good | 16 |
| conduct credit.
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| (ii) the person shall be given credit against the | 18 |
| term of
reimprisonment or reconfinement for time spent | 19 |
| in custody
since he was paroled or released which has | 20 |
| not been credited
against another sentence or period of | 21 |
| confinement;
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| (iii) persons committed under the Juvenile Court | 23 |
| Act or the Juvenile
Court Act of 1987 shall be | 24 |
| recommitted until the age of 21;
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| (iv) this Section is subject to the release under
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| supervision and the reparole and rerelease provisions | 27 |
| of Section
3-3-10.
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| (b) The Board may revoke parole or mandatory supervised
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| release for violation of a condition for the duration of the
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| term and for any further period which is reasonably necessary
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| for the adjudication of matters arising before its expiration.
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| The issuance of a warrant of arrest for an alleged violation
of | 33 |
| the conditions of parole or mandatory supervised release
shall | 34 |
| toll the running of the term until the final determination of | 35 |
| the
charge, but where parole or mandatory supervised release is | 36 |
| not revoked
that period shall be credited to the term.
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LRB094 05157 RLC 35198 b |
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| (b-5) The Board shall revoke parole or mandatory supervised
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| release for violation of the conditions prescribed in paragraph | 3 |
| (7.6) of subsection (a) of Section 3-3-7.
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| (c) A person charged with violating a condition of parole | 5 |
| or
mandatory supervised release shall have a preliminary | 6 |
| hearing
before a hearing officer designated by the Board to | 7 |
| determine
if there is cause to hold the person for a revocation | 8 |
| hearing.
However, no preliminary hearing need be held when | 9 |
| revocation is based
upon new criminal charges and a court finds | 10 |
| probable cause on the new
criminal charges or when the | 11 |
| revocation
is based upon a new criminal conviction and a | 12 |
| certified copy of
that conviction is available.
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| (d) Parole or mandatory supervised release shall not be
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| revoked without written notice to the offender setting forth
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| the violation of parole or mandatory supervised release charged
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| against him.
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| (e) A hearing on revocation shall be conducted before at
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| least one member of the Prisoner Review Board. The Board may
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| meet and order its actions in panels of 3 or more members.
The | 20 |
| action of a majority of the panel shall be the action of
the | 21 |
| Board. In consideration of persons committed to the Juvenile
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| Division, the member hearing the matter and at least a majority
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| of the panel shall be experienced in juvenile matters. A record
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| of the hearing shall be made. At the hearing the offender shall
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| be permitted to:
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| (1) appear and answer the charge; and
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| (2) bring witnesses on his behalf.
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| (f) The Board shall either revoke parole or mandatory
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| supervised release or order the person's term continued with
or | 30 |
| without modification or enlargement of the conditions.
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| (g) Parole or mandatory supervised release shall not be
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| revoked for failure to make payments under the conditions of
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| parole or release unless the Board determines that such failure | 34 |
| is
due to the offender's willful refusal to pay.
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| (Source: P.A. 92-460, eff. 1-1-02.)
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| (730 ILCS 5/3-14-2) (from Ch. 38, par. 1003-14-2)
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| Sec. 3-14-2. Supervision on Parole, Mandatory Supervised
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| Release and Release by Statute.
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| (a) The Department shall retain custody of all persons | 5 |
| placed on
parole or mandatory supervised release or released | 6 |
| pursuant to Section
3-3-10 of this Code and shall supervise | 7 |
| such persons during
their parole or release period in accord | 8 |
| with the conditions set by the
Prisoner Review Board. Such | 9 |
| conditions shall include referral to an
alcohol or drug abuse | 10 |
| treatment program, as appropriate, if such person has
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| previously been identified as having an alcohol or drug abuse | 12 |
| problem.
Such conditions may include that the person use an | 13 |
| approved electronic
monitoring device subject to Article 8A of | 14 |
| Chapter V.
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| (b) The Department shall assign personnel to assist persons | 16 |
| eligible
for parole in preparing a parole plan. Such Department | 17 |
| personnel shall
make a report of their efforts and findings to | 18 |
| the Prisoner Review
Board prior to its consideration of the | 19 |
| case of such eligible person.
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| (c) A copy of the conditions of his parole or release shall | 21 |
| be
signed by the parolee or releasee and given to him and to | 22 |
| his
supervising officer who shall report on his progress under | 23 |
| the rules and
regulations of the Prisoner Review Board. The | 24 |
| supervising officer
shall report violations to the Prisoner | 25 |
| Review Board and shall have
the full power of peace officers in | 26 |
| the arrest and retaking of any
parolees or releasees or the | 27 |
| officer may request the Department to issue
a warrant for the | 28 |
| arrest of any parolee or releasee who has allegedly
violated | 29 |
| his parole or release conditions. If the parolee or releasee
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| commits an act that constitutes a felony using a firearm or | 31 |
| knife, or, if applicable, fails to comply with the requirements | 32 |
| of the Sex Offender Registration Act, the
officer shall request | 33 |
| the Department to issue a warrant and the Department
shall | 34 |
| issue the warrant and the officer or the Department shall file | 35 |
| a
violation report with notice of charges with the Prisoner | 36 |
| Review Board. A
sheriff or other peace officer may detain an |
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| alleged parole or release
violator until a warrant for his | 2 |
| return to the Department can be issued.
The parolee or releasee | 3 |
| may be delivered to any secure place until he can
be | 4 |
| transported to the Department.
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| (d) The supervising officer shall regularly advise and | 6 |
| consult with
the parolee or releasee, assist him in adjusting | 7 |
| to community life,
inform him of the restoration of his rights | 8 |
| on successful completion of
sentence under Section 5-5-5. If | 9 |
| the parolee or releasee has been convicted of a sex offense as | 10 |
| defined in the Sex Offender
Management Board Act, the | 11 |
| supervising officer shall periodically, but not less than once | 12 |
| a month, verify that the parolee or releasee is in compliance | 13 |
| with paragraph (7.6) of subsection (a) of Section 3-3-7.
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| (e) Supervising officers shall receive specialized | 15 |
| training in the
special needs of female releasees or parolees | 16 |
| including the family
reunification process.
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| (f) The supervising officer shall keep such records as the
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| Prisoner Review Board or Department may require. All records | 19 |
| shall be
entered in the master file of the individual.
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| (Source: P.A. 93-979, eff. 8-20-04.)
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| (730 ILCS 5/Ch. III Art. 17 heading new)
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| ARTICLE 17. TRANSITIONAL HOUSING FOR SEX OFFENDERS | 23 |
| (730 ILCS 5/3-17-1 new)
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| Sec. 3-17-1. Transitional housing for sex offenders. This | 25 |
| Article may be cited as the Transitional Housing For Sex | 26 |
| Offenders Law. | 27 |
| (730 ILCS 5/3-17-5 new)
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| Sec. 3-17-5. Transitional housing; licensing. | 29 |
| (a) The Department of Corrections shall license | 30 |
| transitional housing facilities for persons convicted of or | 31 |
| placed on supervision for sex offenses as defined in the Sex | 32 |
| Offender Management Board Act. | 33 |
| (b) A transitional housing facility must meet the following |
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| criteria to be licensed by the Department: | 2 |
| (1) The facility shall provide housing to a sex | 3 |
| offender who is in compliance with his or her parole, | 4 |
| mandatory supervised release, probation, or supervision | 5 |
| order for a period not to exceed 90 days, unless extended | 6 |
| with approval from the Director or his or her designee. | 7 |
| Notice of any extension approved shall be provided to the | 8 |
| Prisoner Review Board. | 9 |
| (2) The Department of Corrections must approve a | 10 |
| treatment plan and counseling for each sex offender | 11 |
| residing in the transitional housing. | 12 |
| (3) The transitional housing facility must provide | 13 |
| security 24 hours each day and 7 days each week as defined | 14 |
| and approved by the Department. | 15 |
| (4) The facility must notify the police department, | 16 |
| public and private elementary and secondary schools, | 17 |
| public libraries, and each residential home and apartment | 18 |
| complex located within 500 feet of the transitional housing | 19 |
| facility of its initial licensure as a transitional housing | 20 |
| facility, and of its continuing operation as a transitional | 21 |
| housing facility annually thereafter. | 22 |
| (5) Upon its initial licensure as a transitional | 23 |
| housing facility and during its licensure, each facility | 24 |
| shall maintain at its main entrance a visible and | 25 |
| conspicuous exterior sign identifying itself as, in | 26 |
| letters at least 4 inches tall, a "Department of | 27 |
| Corrections Licensed Transitional Housing Facility". | 28 |
| (6) Upon its initial licensure as a transitional | 29 |
| housing facility, each facility shall file in the office of | 30 |
| the county clerk of the county in which such facility is | 31 |
| located, a certificate setting forth the name under which | 32 |
| the facility is, or is to be, operated, and the true or | 33 |
| real full name or names of the person, persons or entity | 34 |
| operating the same, with the address of the facility. The | 35 |
| certificate shall be executed and duly acknowledged by the | 36 |
| person or persons so operating or intending to operate the |
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| facility. Notice of the filing of the certificate shall be | 2 |
| published in a newspaper of general circulation published | 3 |
| within the county in which the certificate is filed. The | 4 |
| notice shall be published once a week for 3 consecutive | 5 |
| weeks. The first publication shall be within 15 days after | 6 |
| the certificate is filed in the office of the county clerk. | 7 |
| Proof of publication shall be filed with the county clerk | 8 |
| within 50 days from the date of filing the certificate. | 9 |
| Upon receiving proof of publication, the clerk shall issue | 10 |
| a receipt to the person filing the certificate, but no | 11 |
| additional charge shall be assessed by the clerk for giving | 12 |
| such receipt. Unless proof of publication is made to the | 13 |
| clerk, the notification is void. | 14 |
| (7) Each licensed transitional housing facility shall | 15 |
| be identified on the Illinois State Police Sex Offender | 16 |
| Registry website, including the address of the facility | 17 |
| together with the maximum possible number of sex offenders | 18 |
| that the facility could house. | 19 |
| (c) The Department of Corrections shall establish rules | 20 |
| consistent with this Section establishing licensing procedures | 21 |
| and criteria for transitional housing facilities for sex | 22 |
| offenders, and may create criteria for, and issue licenses for, | 23 |
| different levels of facilities to be licensed. The Department | 24 |
| is authorized to set and charge a licensing fee for each | 25 |
| application for a transitional housing license. The rules shall | 26 |
| be adopted within 60 days after the effective date of this | 27 |
| amendatory Act of the 94th General Assembly. Facilities which | 28 |
| on the effective date of this amendatory Act of the 94th | 29 |
| General Assembly are currently housing and providing sex | 30 |
| offender treatment to sex offenders may continue housing more | 31 |
| than one sex offender on parole, mandatory supervised release, | 32 |
| probation, or supervision for a period of 120 days after the | 33 |
| adoption of licensure rules during which time the facility | 34 |
| shall apply for a transitional housing license.
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| (d) The Department of Corrections shall maintain a file on | 36 |
| each sex offender housed in a transitional housing facility. |
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| The file shall contain efforts of the Department in placing a | 2 |
| sex offender in non-transitional housing, efforts of the | 3 |
| Department to place the sex offender in a county from which he | 4 |
| or she was convicted, the anticipated length of stay of each | 5 |
| sex offender in the transitional housing facility, the number | 6 |
| of sex offenders residing in the transitional housing facility, | 7 |
| and the services to be provided the sex offender while he or | 8 |
| she resides in the transitional housing facility.
| 9 |
| (e) The Department of Corrections shall, on or before | 10 |
| December 31 of each year, file a report with the General | 11 |
| Assembly on the number of transitional housing facilities for | 12 |
| sex offenders licensed by the Department, the addresses of each | 13 |
| licensed facility, how many sex offenders are housed in each | 14 |
| facility, and the particular sex offense that each resident of | 15 |
| the transitional housing facility committed. | 16 |
| (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
| 17 |
| Sec. 5-6-3. Conditions of Probation and of Conditional | 18 |
| Discharge.
| 19 |
| (a) The conditions of probation and of conditional | 20 |
| discharge shall be
that the person:
| 21 |
| (1) not violate any criminal statute of any | 22 |
| jurisdiction;
| 23 |
| (2) report to or appear in person before such person or | 24 |
| agency as
directed by the court;
| 25 |
| (3) refrain from possessing a firearm or other | 26 |
| dangerous weapon;
| 27 |
| (4) not leave the State without the consent of the | 28 |
| court or, in
circumstances in which the reason for the | 29 |
| absence is of such an emergency
nature that prior consent | 30 |
| by the court is not possible, without the prior
| 31 |
| notification and approval of the person's probation
| 32 |
| officer. Transfer of a person's probation or conditional | 33 |
| discharge
supervision to another state is subject to | 34 |
| acceptance by the other state
pursuant to the Interstate | 35 |
| Compact for Adult Offender Supervision;
|
|
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HB0350 Enrolled |
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LRB094 05157 RLC 35198 b |
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| 1 |
| (5) permit the probation officer to visit
him at his | 2 |
| home or elsewhere
to the extent necessary to discharge his | 3 |
| duties;
| 4 |
| (6) perform no less than 30 hours of community service | 5 |
| and not more than
120 hours of community service, if | 6 |
| community service is available in the
jurisdiction and is | 7 |
| funded and approved by the county board where the offense
| 8 |
| was committed, where the offense was related to or in | 9 |
| furtherance of the
criminal activities of an organized gang | 10 |
| and was motivated by the offender's
membership in or | 11 |
| allegiance to an organized gang. The community service | 12 |
| shall
include, but not be limited to, the cleanup and | 13 |
| repair of any damage caused by
a violation of Section | 14 |
| 21-1.3 of the Criminal Code of 1961 and similar damage
to | 15 |
| property located within the municipality or county in which | 16 |
| the violation
occurred. When possible and reasonable, the | 17 |
| community service should be
performed in the offender's | 18 |
| neighborhood. For purposes of this Section,
"organized | 19 |
| gang" has the meaning ascribed to it in Section 10 of the | 20 |
| Illinois
Streetgang Terrorism Omnibus Prevention Act;
| 21 |
| (7) if he or she is at least 17 years of age and has | 22 |
| been sentenced to
probation or conditional discharge for a | 23 |
| misdemeanor or felony in a county of
3,000,000 or more | 24 |
| inhabitants and has not been previously convicted of a
| 25 |
| misdemeanor or felony, may be required by the sentencing | 26 |
| court to attend
educational courses designed to prepare the | 27 |
| defendant for a high school diploma
and to work toward a | 28 |
| high school diploma or to work toward passing the high
| 29 |
| school level Test of General Educational Development (GED) | 30 |
| or to work toward
completing a vocational training program | 31 |
| approved by the court. The person on
probation or | 32 |
| conditional discharge must attend a public institution of
| 33 |
| education to obtain the educational or vocational training | 34 |
| required by this
clause (7). The court shall revoke the | 35 |
| probation or conditional discharge of a
person who wilfully | 36 |
| fails to comply with this clause (7). The person on
|
|
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HB0350 Enrolled |
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LRB094 05157 RLC 35198 b |
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| 1 |
| probation or conditional discharge shall be required to pay | 2 |
| for the cost of the
educational courses or GED test, if a | 3 |
| fee is charged for those courses or
test. The court shall | 4 |
| resentence the offender whose probation or conditional
| 5 |
| discharge has been revoked as provided in Section 5-6-4. | 6 |
| This clause (7) does
not apply to a person who has a high | 7 |
| school diploma or has successfully passed
the GED test. | 8 |
| This clause (7) does not apply to a person who is | 9 |
| determined by
the court to be developmentally disabled or | 10 |
| otherwise mentally incapable of
completing the educational | 11 |
| or vocational program;
| 12 |
| (8) if convicted of possession of a substance | 13 |
| prohibited
by the Cannabis Control Act or Illinois | 14 |
| Controlled Substances Act
after a previous conviction or | 15 |
| disposition of supervision for possession of a
substance | 16 |
| prohibited by the Cannabis Control Act or Illinois | 17 |
| Controlled
Substances Act or after a sentence of probation | 18 |
| under Section 10 of the
Cannabis
Control Act or Section 410 | 19 |
| of the Illinois Controlled Substances Act and upon a
| 20 |
| finding by the court that the person is addicted, undergo | 21 |
| treatment at a
substance abuse program approved by the | 22 |
| court;
| 23 |
| (8.5) if convicted of a felony sex offense as defined | 24 |
| in the Sex
Offender
Management Board Act, the person shall | 25 |
| undergo and successfully complete sex
offender treatment | 26 |
| by a treatment provider approved by the Board and conducted
| 27 |
| in conformance with the standards developed under the Sex
| 28 |
| Offender Management Board Act; and
| 29 |
| (8.6) if convicted of a sex offense as defined in the | 30 |
| Sex Offender
Management Board Act, refrain from residing at | 31 |
| the same address or in the same condominium unit or | 32 |
| apartment unit or in the same condominium complex or | 33 |
| apartment complex with another person he or she knows or | 34 |
| reasonably should know is a convicted sex offender or has | 35 |
| been placed on supervision for a sex offense; the | 36 |
| provisions of this paragraph do not apply to a person |
|
|
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HB0350 Enrolled |
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LRB094 05157 RLC 35198 b |
|
| 1 |
| convicted of a sex offense who is placed in a Department of | 2 |
| Corrections licensed transitional housing facility for sex | 3 |
| offenders; and
| 4 |
| (9) if convicted of a felony, physically surrender at a | 5 |
| time and place
designated by the court, his or her Firearm
| 6 |
| Owner's Identification Card and
any and all firearms in
his | 7 |
| or her possession.
| 8 |
| (b) The Court may in addition to other reasonable | 9 |
| conditions relating to the
nature of the offense or the | 10 |
| rehabilitation of the defendant as determined for
each | 11 |
| defendant in the proper discretion of the Court require that | 12 |
| the person:
| 13 |
| (1) serve a term of periodic imprisonment under Article | 14 |
| 7 for a
period not to exceed that specified in paragraph | 15 |
| (d) of Section 5-7-1;
| 16 |
| (2) pay a fine and costs;
| 17 |
| (3) work or pursue a course of study or vocational | 18 |
| training;
| 19 |
| (4) undergo medical, psychological or psychiatric | 20 |
| treatment; or treatment
for drug addiction or alcoholism;
| 21 |
| (5) attend or reside in a facility established for the | 22 |
| instruction
or residence of defendants on probation;
| 23 |
| (6) support his dependents;
| 24 |
| (7) and in addition, if a minor:
| 25 |
| (i) reside with his parents or in a foster home;
| 26 |
| (ii) attend school;
| 27 |
| (iii) attend a non-residential program for youth;
| 28 |
| (iv) contribute to his own support at home or in a | 29 |
| foster home;
| 30 |
| (v) with the consent of the superintendent of the
| 31 |
| facility, attend an educational program at a facility | 32 |
| other than the school
in which the
offense was | 33 |
| committed if he
or she is convicted of a crime of | 34 |
| violence as
defined in
Section 2 of the Crime Victims | 35 |
| Compensation Act committed in a school, on the
real
| 36 |
| property
comprising a school, or within 1,000 feet of |
|
|
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HB0350 Enrolled |
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LRB094 05157 RLC 35198 b |
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| 1 |
| the real property comprising a
school;
| 2 |
| (8) make restitution as provided in Section 5-5-6 of | 3 |
| this Code;
| 4 |
| (9) perform some reasonable public or community | 5 |
| service;
| 6 |
| (10) serve a term of home confinement. In addition to | 7 |
| any other
applicable condition of probation or conditional | 8 |
| discharge, the
conditions of home confinement shall be that | 9 |
| the offender:
| 10 |
| (i) remain within the interior premises of the | 11 |
| place designated for
his confinement during the hours | 12 |
| designated by the court;
| 13 |
| (ii) admit any person or agent designated by the | 14 |
| court into the
offender's place of confinement at any | 15 |
| time for purposes of verifying
the offender's | 16 |
| compliance with the conditions of his confinement; and
| 17 |
| (iii) if further deemed necessary by the court or | 18 |
| the
Probation or
Court Services Department, be placed | 19 |
| on an approved
electronic monitoring device, subject | 20 |
| to Article 8A of Chapter V;
| 21 |
| (iv) for persons convicted of any alcohol, | 22 |
| cannabis or controlled
substance violation who are | 23 |
| placed on an approved monitoring device as a
condition | 24 |
| of probation or conditional discharge, the court shall | 25 |
| impose a
reasonable fee for each day of the use of the | 26 |
| device, as established by the
county board in | 27 |
| subsection (g) of this Section, unless after | 28 |
| determining the
inability of the offender to pay the | 29 |
| fee, the court assesses a lesser fee or no
fee as the | 30 |
| case may be. This fee shall be imposed in addition to | 31 |
| the fees
imposed under subsections (g) and (i) of this | 32 |
| Section. The fee shall be
collected by the clerk of the | 33 |
| circuit court. The clerk of the circuit
court shall pay | 34 |
| all monies collected from this fee to the county | 35 |
| treasurer
for deposit in the substance abuse services | 36 |
| fund under Section 5-1086.1 of
the Counties Code; and
|
|
|
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HB0350 Enrolled |
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LRB094 05157 RLC 35198 b |
|
| 1 |
| (v) for persons convicted of offenses other than | 2 |
| those referenced in
clause (iv) above and who are | 3 |
| placed on an approved monitoring device as a
condition | 4 |
| of probation or conditional discharge, the court shall | 5 |
| impose
a reasonable fee for each day of the use of the | 6 |
| device, as established by the
county board in | 7 |
| subsection (g) of this Section, unless after | 8 |
| determining the
inability of the defendant to pay the | 9 |
| fee, the court assesses a lesser fee or
no fee as the | 10 |
| case may be. This fee shall be imposed in addition to | 11 |
| the fees
imposed under subsections (g) and (i) of this | 12 |
| Section. The fee
shall be collected by the clerk of the | 13 |
| circuit court. The clerk of the circuit
court shall pay | 14 |
| all monies collected from this fee
to the county | 15 |
| treasurer who shall use the monies collected to defray | 16 |
| the
costs of corrections. The county treasurer shall | 17 |
| deposit the fee
collected in the county working cash | 18 |
| fund under Section 6-27001 or Section
6-29002 of the | 19 |
| Counties Code, as the case may be.
| 20 |
| (11) comply with the terms and conditions of an order | 21 |
| of protection issued
by the court pursuant to the Illinois | 22 |
| Domestic Violence Act of 1986,
as now or hereafter amended, | 23 |
| or an order of protection issued by the court of
another | 24 |
| state, tribe, or United States territory. A copy of the | 25 |
| order of
protection shall be
transmitted to the probation | 26 |
| officer or agency
having responsibility for the case;
| 27 |
| (12) reimburse any "local anti-crime program" as | 28 |
| defined in Section 7
of the Anti-Crime Advisory Council Act | 29 |
| for any reasonable expenses incurred
by the program on the | 30 |
| offender's case, not to exceed the maximum amount of
the | 31 |
| fine authorized for the offense for which the defendant was | 32 |
| sentenced;
| 33 |
| (13) contribute a reasonable sum of money, not to | 34 |
| exceed the maximum
amount of the fine authorized for the
| 35 |
| offense for which the defendant was sentenced, to a "local | 36 |
| anti-crime
program", as defined in Section 7 of the |
|
|
|
HB0350 Enrolled |
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LRB094 05157 RLC 35198 b |
|
| 1 |
| Anti-Crime Advisory Council Act;
| 2 |
| (14) refrain from entering into a designated | 3 |
| geographic area except upon
such terms as the court finds | 4 |
| appropriate. Such terms may include
consideration of the | 5 |
| purpose of the entry, the time of day, other persons
| 6 |
| accompanying the defendant, and advance approval by a
| 7 |
| probation officer, if
the defendant has been placed on | 8 |
| probation or advance approval by the
court, if the | 9 |
| defendant was placed on conditional discharge;
| 10 |
| (15) refrain from having any contact, directly or | 11 |
| indirectly, with
certain specified persons or particular | 12 |
| types of persons, including but not
limited to members of | 13 |
| street gangs and drug users or dealers;
| 14 |
| (16) refrain from having in his or her body the | 15 |
| presence of any illicit
drug prohibited by the Cannabis | 16 |
| Control Act or the Illinois Controlled
Substances Act, | 17 |
| unless prescribed by a physician, and submit samples of
his | 18 |
| or her blood or urine or both for tests to determine the | 19 |
| presence of any
illicit drug.
| 20 |
| (c) The court may as a condition of probation or of | 21 |
| conditional
discharge require that a person under 18 years of | 22 |
| age found guilty of any
alcohol, cannabis or controlled | 23 |
| substance violation, refrain from acquiring
a driver's license | 24 |
| during
the period of probation or conditional discharge. If | 25 |
| such person
is in possession of a permit or license, the court | 26 |
| may require that
the minor refrain from driving or operating | 27 |
| any motor vehicle during the
period of probation or conditional | 28 |
| discharge, except as may be necessary in
the course of the | 29 |
| minor's lawful employment.
| 30 |
| (d) An offender sentenced to probation or to conditional | 31 |
| discharge
shall be given a certificate setting forth the | 32 |
| conditions thereof.
| 33 |
| (e) Except where the offender has committed a fourth or | 34 |
| subsequent
violation of subsection (c) of Section 6-303 of the | 35 |
| Illinois Vehicle Code,
the court shall not require as a | 36 |
| condition of the sentence of
probation or conditional discharge |
|
|
|
HB0350 Enrolled |
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LRB094 05157 RLC 35198 b |
|
| 1 |
| that the offender be committed to a
period of imprisonment in | 2 |
| excess of 6 months.
This 6 month limit shall not include | 3 |
| periods of confinement given pursuant to
a sentence of county | 4 |
| impact incarceration under Section 5-8-1.2.
This 6 month limit | 5 |
| does not apply to a person sentenced to probation as a
result | 6 |
| of a conviction of a fourth or subsequent violation of | 7 |
| subsection (c-4)
of Section 11-501 of the Illinois Vehicle Code | 8 |
| or a similar provision of a
local ordinance.
| 9 |
| Persons committed to imprisonment as a condition of | 10 |
| probation or
conditional discharge shall not be committed to | 11 |
| the Department of
Corrections.
| 12 |
| (f) The court may combine a sentence of periodic | 13 |
| imprisonment under
Article 7 or a sentence to a county impact | 14 |
| incarceration program under
Article 8 with a sentence of | 15 |
| probation or conditional discharge.
| 16 |
| (g) An offender sentenced to probation or to conditional | 17 |
| discharge and
who during the term of either undergoes mandatory | 18 |
| drug or alcohol testing,
or both, or is assigned to be placed | 19 |
| on an approved electronic monitoring
device, shall be ordered | 20 |
| to pay all costs incidental to such mandatory drug
or alcohol | 21 |
| testing, or both, and all costs
incidental to such approved | 22 |
| electronic monitoring in accordance with the
defendant's | 23 |
| ability to pay those costs. The county board with
the | 24 |
| concurrence of the Chief Judge of the judicial
circuit in which | 25 |
| the county is located shall establish reasonable fees for
the | 26 |
| cost of maintenance, testing, and incidental expenses related | 27 |
| to the
mandatory drug or alcohol testing, or both, and all | 28 |
| costs incidental to
approved electronic monitoring, involved | 29 |
| in a successful probation program
for the county. The | 30 |
| concurrence of the Chief Judge shall be in the form of
an | 31 |
| administrative order.
The fees shall be collected by the clerk | 32 |
| of the circuit court. The clerk of
the circuit court shall pay | 33 |
| all moneys collected from these fees to the county
treasurer | 34 |
| who shall use the moneys collected to defray the costs of
drug | 35 |
| testing, alcohol testing, and electronic monitoring.
The | 36 |
| county treasurer shall deposit the fees collected in the
county |
|
|
|
HB0350 Enrolled |
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LRB094 05157 RLC 35198 b |
|
| 1 |
| working cash fund under Section 6-27001 or Section 6-29002 of | 2 |
| the
Counties Code, as the case may be.
| 3 |
| (h) Jurisdiction over an offender may be transferred from | 4 |
| the
sentencing court to the court of another circuit with the | 5 |
| concurrence of
both courts. Further transfers or retransfers of
| 6 |
| jurisdiction are also
authorized in the same manner. The court | 7 |
| to which jurisdiction has been
transferred shall have the same | 8 |
| powers as the sentencing court.
| 9 |
| (i) The court shall impose upon an offender
sentenced to | 10 |
| probation after January 1, 1989 or to conditional discharge
| 11 |
| after January 1, 1992 or to community service under the | 12 |
| supervision of a
probation or court services department after | 13 |
| January 1, 2004, as a condition of such probation or | 14 |
| conditional
discharge or supervised community service, a fee of | 15 |
| $50
for each month of probation or
conditional
discharge | 16 |
| supervision or supervised community service ordered by the | 17 |
| court, unless after
determining the inability of the person | 18 |
| sentenced to probation or conditional
discharge or supervised | 19 |
| community service to pay the
fee, the court assesses a lesser | 20 |
| fee. The court may not impose the fee on a
minor who is made a | 21 |
| ward of the State under the Juvenile Court Act of 1987
while | 22 |
| the minor is in placement.
The fee shall be imposed only upon
| 23 |
| an offender who is actively supervised by the
probation and | 24 |
| court services
department. The fee shall be collected by the | 25 |
| clerk
of the circuit court. The clerk of the circuit court | 26 |
| shall pay all monies
collected from this fee to the county | 27 |
| treasurer for deposit in the
probation and court services fund | 28 |
| under Section 15.1 of the
Probation and Probation Officers Act.
| 29 |
| A circuit court may not impose a probation fee under this | 30 |
| subsection (i) in excess of $25
per month unless: (1) the | 31 |
| circuit court has adopted, by administrative
order issued by | 32 |
| the chief judge, a standard probation fee guide
determining an | 33 |
| offender's ability to pay, under guidelines developed by
the | 34 |
| Administrative
Office of the Illinois Courts; and (2) the | 35 |
| circuit court has authorized, by
administrative order issued by | 36 |
| the chief judge, the creation of a Crime
Victim's Services |
|
|
|
HB0350 Enrolled |
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LRB094 05157 RLC 35198 b |
|
| 1 |
| Fund, to be administered by the Chief Judge or his or
her | 2 |
| designee, for services to crime victims and their families. Of | 3 |
| the
amount collected as a probation fee, up to $5 of that fee
| 4 |
| collected per month may be used to provide services to crime | 5 |
| victims
and their families.
| 6 |
| This amendatory Act of the 93rd General Assembly deletes | 7 |
| the $10 increase in the fee under this subsection that was | 8 |
| imposed by Public Act 93-616. This deletion is intended to | 9 |
| control over any other Act of the 93rd General Assembly that | 10 |
| retains or incorporates that fee increase. | 11 |
| (i-5) In addition to the fees imposed under subsection (i) | 12 |
| of this Section, in the case of an offender convicted of a | 13 |
| felony sex offense (as defined in the Sex Offender Management | 14 |
| Board Act) or an offense that the court or probation department | 15 |
| has determined to be sexually motivated (as defined in the Sex | 16 |
| Offender Management Board Act), the court or the probation | 17 |
| department shall assess additional fees to pay for all costs of | 18 |
| treatment, assessment, evaluation for risk and treatment, and | 19 |
| monitoring the offender, based on that offender's ability to | 20 |
| pay those costs either as they occur or under a payment plan. | 21 |
| (j) All fines and costs imposed under this Section for any | 22 |
| violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | 23 |
| Code, or a similar
provision of a local ordinance, and any | 24 |
| violation of the Child Passenger
Protection Act, or a similar | 25 |
| provision of a local ordinance, shall be
collected and | 26 |
| disbursed by the circuit clerk as provided under Section 27.5
| 27 |
| of the Clerks of Courts Act.
| 28 |
| (k) Any offender who is sentenced to probation or | 29 |
| conditional discharge for a felony sex offense as defined in | 30 |
| the Sex Offender Management Board Act or any offense that the | 31 |
| court or probation department has determined to be sexually | 32 |
| motivated as defined in the Sex Offender Management Board Act | 33 |
| shall be required to refrain from any contact, directly or | 34 |
| indirectly, with any persons specified by the court and shall | 35 |
| be available for all evaluations and treatment programs | 36 |
| required by the court or the probation department.
|
|
|
|
HB0350 Enrolled |
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LRB094 05157 RLC 35198 b |
|
| 1 |
| (Source: P.A. 92-282, eff. 8-7-01; 92-340, eff. 8-10-01; | 2 |
| 92-418, eff. 8-17-01; 92-442, eff. 8-17-01; 92-571, eff. | 3 |
| 6-26-02; 92-651, eff. 7-11-02; 93-475, eff. 8-8-03; 93-616, | 4 |
| eff. 1-1-04; 93-970, eff. 8-20-04.)
| 5 |
| (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
| 6 |
| Sec. 5-6-3.1. Incidents and Conditions of Supervision.
| 7 |
| (a) When a defendant is placed on supervision, the court | 8 |
| shall enter
an order for supervision specifying the period of | 9 |
| such supervision, and
shall defer further proceedings in the | 10 |
| case until the conclusion of the
period.
| 11 |
| (b) The period of supervision shall be reasonable under all | 12 |
| of the
circumstances of the case, but may not be longer than 2 | 13 |
| years, unless the
defendant has failed to pay the assessment | 14 |
| required by Section 10.3 of the
Cannabis Control Act or Section | 15 |
| 411.2 of the Illinois Controlled
Substances Act, in which case | 16 |
| the court may extend supervision beyond 2 years.
Additionally, | 17 |
| the court shall order the defendant to perform no less than 30
| 18 |
| hours of community service and not more than 120 hours of | 19 |
| community service, if
community service is available in the
| 20 |
| jurisdiction and is funded and approved by the county board | 21 |
| where the offense
was committed,
when the offense (1) was
| 22 |
| related to or in furtherance of the criminal activities of an | 23 |
| organized gang or
was motivated by the defendant's membership | 24 |
| in or allegiance to an organized
gang; or (2) is a violation of | 25 |
| any Section of Article 24 of the Criminal
Code of 1961 where a | 26 |
| disposition of supervision is not prohibited by Section
5-6-1 | 27 |
| of this Code.
The
community service shall include, but not be | 28 |
| limited to, the cleanup and repair
of any damage caused by | 29 |
| violation of Section 21-1.3 of the Criminal Code of
1961 and | 30 |
| similar damages to property located within the municipality or | 31 |
| county
in which the violation occurred. Where possible and | 32 |
| reasonable, the community
service should be performed in the | 33 |
| offender's neighborhood.
| 34 |
| For the purposes of this
Section, "organized gang" has the | 35 |
| meaning ascribed to it in Section 10 of the
Illinois Streetgang |
|
|
|
HB0350 Enrolled |
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LRB094 05157 RLC 35198 b |
|
| 1 |
| Terrorism Omnibus Prevention Act.
| 2 |
| (c) The court may in addition to other reasonable | 3 |
| conditions
relating to the nature of the offense or the | 4 |
| rehabilitation of the
defendant as determined for each | 5 |
| defendant in the proper discretion of
the court require that | 6 |
| the person:
| 7 |
| (1) make a report to and appear in person before or | 8 |
| participate with
the court or such courts, person, or | 9 |
| social service agency as directed
by the court in the order | 10 |
| of supervision;
| 11 |
| (2) pay a fine and costs;
| 12 |
| (3) work or pursue a course of study or vocational | 13 |
| training;
| 14 |
| (4) undergo medical, psychological or psychiatric | 15 |
| treatment; or
treatment for drug addiction or alcoholism;
| 16 |
| (5) attend or reside in a facility established for the | 17 |
| instruction
or residence of defendants on probation;
| 18 |
| (6) support his dependents;
| 19 |
| (7) refrain from possessing a firearm or other | 20 |
| dangerous weapon;
| 21 |
| (8) and in addition, if a minor:
| 22 |
| (i) reside with his parents or in a foster home;
| 23 |
| (ii) attend school;
| 24 |
| (iii) attend a non-residential program for youth;
| 25 |
| (iv) contribute to his own support at home or in a | 26 |
| foster home; or
| 27 |
| (v) with the consent of the superintendent of the
| 28 |
| facility, attend an educational program at a facility | 29 |
| other than the school
in which the
offense was | 30 |
| committed if he
or she is placed on supervision for a | 31 |
| crime of violence as
defined in
Section 2 of the Crime | 32 |
| Victims Compensation Act committed in a school, on the
| 33 |
| real
property
comprising a school, or within 1,000 feet | 34 |
| of the real property comprising a
school;
| 35 |
| (9) make restitution or reparation in an amount not to | 36 |
| exceed actual
loss or damage to property and pecuniary loss |
|
|
|
HB0350 Enrolled |
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LRB094 05157 RLC 35198 b |
|
| 1 |
| or make restitution under Section
5-5-6 to a domestic | 2 |
| violence shelter. The court shall
determine the amount and | 3 |
| conditions of payment;
| 4 |
| (10) perform some reasonable public or community | 5 |
| service;
| 6 |
| (11) comply with the terms and conditions of an order | 7 |
| of protection
issued by the court pursuant to the Illinois | 8 |
| Domestic Violence Act of 1986 or
an order of protection | 9 |
| issued by the court of another state, tribe, or United
| 10 |
| States territory.
If the court has ordered the defendant to | 11 |
| make a report and appear in
person under paragraph (1) of | 12 |
| this subsection, a copy of the order of
protection shall be | 13 |
| transmitted to the person or agency so designated
by the | 14 |
| court;
| 15 |
| (12) reimburse any "local anti-crime program" as | 16 |
| defined in Section 7 of
the Anti-Crime Advisory Council Act | 17 |
| for any reasonable expenses incurred by the
program on the | 18 |
| offender's case, not to exceed the maximum amount of the
| 19 |
| fine authorized for the offense for which the defendant was | 20 |
| sentenced;
| 21 |
| (13) contribute a reasonable sum of money, not to
| 22 |
| exceed the maximum amount of the fine authorized for the | 23 |
| offense for which
the defendant was sentenced, to a "local | 24 |
| anti-crime program", as defined
in Section 7 of the | 25 |
| Anti-Crime Advisory Council Act;
| 26 |
| (14) refrain from entering into a designated | 27 |
| geographic area except
upon such terms as the court finds | 28 |
| appropriate. Such terms may include
consideration of the | 29 |
| purpose of the entry, the time of day, other persons
| 30 |
| accompanying the defendant, and advance approval by a | 31 |
| probation officer;
| 32 |
| (15) refrain from having any contact, directly or | 33 |
| indirectly, with
certain specified persons or particular | 34 |
| types of person, including but not
limited to members of | 35 |
| street gangs and drug users or dealers;
| 36 |
| (16) refrain from having in his or her body the |
|
|
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LRB094 05157 RLC 35198 b |
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| 1 |
| presence of any illicit
drug prohibited by the Cannabis | 2 |
| Control Act or the Illinois Controlled
Substances Act, | 3 |
| unless prescribed by a physician, and submit samples of
his | 4 |
| or her blood or urine or both for tests to determine the | 5 |
| presence of any
illicit drug;
| 6 |
| (17) refrain from operating any motor vehicle not | 7 |
| equipped with an
ignition interlock device as defined in | 8 |
| Section 1-129.1 of the Illinois
Vehicle Code. Under this | 9 |
| condition the court may allow a defendant who is not
| 10 |
| self-employed to operate a vehicle owned by the defendant's | 11 |
| employer that is
not equipped with an ignition interlock | 12 |
| device in the course and scope of the
defendant's | 13 |
| employment.
| 14 |
| (d) The court shall defer entering any judgment on the | 15 |
| charges
until the conclusion of the supervision.
| 16 |
| (e) At the conclusion of the period of supervision, if the | 17 |
| court
determines that the defendant has successfully complied | 18 |
| with all of the
conditions of supervision, the court shall | 19 |
| discharge the defendant and
enter a judgment dismissing the | 20 |
| charges.
| 21 |
| (f) Discharge and dismissal upon a successful conclusion of | 22 |
| a
disposition of supervision shall be deemed without | 23 |
| adjudication of guilt
and shall not be termed a conviction for | 24 |
| purposes of disqualification or
disabilities imposed by law | 25 |
| upon conviction of a crime. Two years after the
discharge and | 26 |
| dismissal under this Section, unless the disposition of
| 27 |
| supervision was for a violation of Sections 3-707, 3-708, | 28 |
| 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a | 29 |
| similar
provision of a local ordinance, or for a violation of | 30 |
| Sections 12-3.2
or 16A-3 of the Criminal Code of 1961, in which | 31 |
| case it shall be 5
years after discharge and dismissal, a | 32 |
| person may have his record
of arrest sealed or expunged as may | 33 |
| be provided by law. However, any
defendant placed on | 34 |
| supervision before January 1, 1980, may move for
sealing or | 35 |
| expungement of his arrest record, as provided by law, at any
| 36 |
| time after discharge and dismissal under this Section.
A person |
|
|
|
HB0350 Enrolled |
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LRB094 05157 RLC 35198 b |
|
| 1 |
| placed on supervision for a sexual offense committed against a | 2 |
| minor
as defined in subsection (g) of Section 5 of the Criminal | 3 |
| Identification Act
or for a violation of Section 11-501 of the | 4 |
| Illinois Vehicle Code or a
similar provision of a local | 5 |
| ordinance
shall not have his or her record of arrest sealed or | 6 |
| expunged.
| 7 |
| (g) A defendant placed on supervision and who during the | 8 |
| period of
supervision undergoes mandatory drug or alcohol | 9 |
| testing, or both, or is
assigned to be placed on an approved | 10 |
| electronic monitoring device, shall be
ordered to pay the costs | 11 |
| incidental to such mandatory drug or alcohol
testing, or both, | 12 |
| and costs incidental to such approved electronic
monitoring in | 13 |
| accordance with the defendant's ability to pay those costs.
The | 14 |
| county board with the concurrence of the Chief Judge of the | 15 |
| judicial
circuit in which the county is located shall establish | 16 |
| reasonable fees for
the cost of maintenance, testing, and | 17 |
| incidental expenses related to the
mandatory drug or alcohol | 18 |
| testing, or both, and all costs incidental to
approved | 19 |
| electronic monitoring, of all defendants placed on | 20 |
| supervision.
The concurrence of the Chief Judge shall be in the | 21 |
| form of an
administrative order.
The fees shall be collected by | 22 |
| the clerk of the circuit court. The clerk of
the circuit court | 23 |
| shall pay all moneys collected from these fees to the county
| 24 |
| treasurer who shall use the moneys collected to defray the | 25 |
| costs of
drug testing, alcohol testing, and electronic | 26 |
| monitoring.
The county treasurer shall deposit the fees | 27 |
| collected in the
county working cash fund under Section 6-27001 | 28 |
| or Section 6-29002 of the
Counties Code, as the case may be.
| 29 |
| (h) A disposition of supervision is a final order for the | 30 |
| purposes
of appeal.
| 31 |
| (i) The court shall impose upon a defendant placed on | 32 |
| supervision
after January 1, 1992 or to community service under | 33 |
| the supervision of a
probation or court services department | 34 |
| after January 1, 2004, as a condition
of supervision or | 35 |
| supervised community service, a fee of $50 for
each month of | 36 |
| supervision or supervised community service ordered by the
|
|
|
|
HB0350 Enrolled |
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LRB094 05157 RLC 35198 b |
|
| 1 |
| court, unless after
determining the inability of the person | 2 |
| placed on supervision or supervised
community service to pay | 3 |
| the
fee, the court assesses a lesser fee. The court may not | 4 |
| impose the fee on a
minor who is made a ward of the State under | 5 |
| the Juvenile Court Act of 1987
while the minor is in placement.
| 6 |
| The fee shall be imposed only upon a
defendant who is actively | 7 |
| supervised by the
probation and court services
department. The | 8 |
| fee shall be collected by the clerk of the circuit court.
The | 9 |
| clerk of the circuit court shall pay all monies collected from | 10 |
| this fee
to the county treasurer for deposit in the probation | 11 |
| and court services
fund pursuant to Section 15.1 of the | 12 |
| Probation and
Probation Officers Act.
| 13 |
| A circuit court may not impose a probation fee in excess of | 14 |
| $25
per month unless: (1) the circuit court has adopted, by | 15 |
| administrative
order issued by the chief judge, a standard | 16 |
| probation fee guide
determining an offender's ability to pay, | 17 |
| under guidelines developed by
the Administrative
Office of the | 18 |
| Illinois Courts; and (2) the circuit court has authorized, by
| 19 |
| administrative order issued by the chief judge, the creation of | 20 |
| a Crime
Victim's Services Fund, to be administered by the Chief | 21 |
| Judge or his or
her designee, for services to crime victims and | 22 |
| their families. Of the
amount collected as a probation fee, not | 23 |
| to exceed $5 of that fee
collected per month may be used to | 24 |
| provide services to crime victims
and their families.
| 25 |
| (j) All fines and costs imposed under this Section for any
| 26 |
| violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle | 27 |
| Code, or a
similar provision of a local ordinance, and any | 28 |
| violation of the Child
Passenger Protection Act, or a similar | 29 |
| provision of a local ordinance, shall
be collected and | 30 |
| disbursed by the circuit clerk as provided under Section
27.5 | 31 |
| of the Clerks of Courts Act.
| 32 |
| (k) A defendant at least 17 years of age who is placed on | 33 |
| supervision
for a misdemeanor in a county of 3,000,000 or more | 34 |
| inhabitants
and who has not been previously convicted of a | 35 |
| misdemeanor or felony
may as a condition of his or her | 36 |
| supervision be required by the court to
attend educational |
|
|
|
HB0350 Enrolled |
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LRB094 05157 RLC 35198 b |
|
| 1 |
| courses designed to prepare the defendant for a high school
| 2 |
| diploma and to work toward a high school diploma or to work | 3 |
| toward passing the
high school level Test of General | 4 |
| Educational Development (GED) or to work
toward completing a | 5 |
| vocational training program approved by the court. The
| 6 |
| defendant placed on supervision must attend a public | 7 |
| institution of education
to obtain the educational or | 8 |
| vocational training required by this subsection
(k). The | 9 |
| defendant placed on supervision shall be required to pay for | 10 |
| the cost
of the educational courses or GED test, if a fee is | 11 |
| charged for those courses
or test. The court shall revoke the | 12 |
| supervision of a person who wilfully fails
to comply with this | 13 |
| subsection (k). The court shall resentence the defendant
upon | 14 |
| revocation of supervision as provided in Section 5-6-4. This | 15 |
| subsection
(k) does not apply to a defendant who has a high | 16 |
| school diploma or has
successfully passed the GED test. This | 17 |
| subsection (k) does not apply to a
defendant who is determined | 18 |
| by the court to be developmentally disabled or
otherwise | 19 |
| mentally incapable of completing the
educational or vocational | 20 |
| program.
| 21 |
| (l) The court shall require a defendant placed on | 22 |
| supervision for
possession of a substance
prohibited by the | 23 |
| Cannabis Control Act or Illinois Controlled Substances Act
| 24 |
| after a previous conviction or disposition of supervision for | 25 |
| possession of a
substance prohibited by the Cannabis Control | 26 |
| Act or Illinois Controlled
Substances Act or a sentence of | 27 |
| probation under Section 10 of the Cannabis
Control Act or | 28 |
| Section 410 of the Illinois Controlled Substances Act
and after | 29 |
| a finding by the court that the person is addicted, to undergo
| 30 |
| treatment at a substance abuse program approved by the court.
| 31 |
| (m) The Secretary of State shall require anyone placed on | 32 |
| court supervision
for a
violation of Section 3-707 of the | 33 |
| Illinois Vehicle Code or a similar provision
of a local | 34 |
| ordinance
to give proof of his or her financial
responsibility | 35 |
| as
defined in Section 7-315 of the Illinois Vehicle Code. The | 36 |
| proof shall be
maintained by the individual in a manner |
|
|
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LRB094 05157 RLC 35198 b |
|
| 1 |
| satisfactory to the Secretary of State
for
a
minimum period of | 2 |
| one year after the date the proof is first filed.
The proof | 3 |
| shall be limited to a single action per arrest and may not be
| 4 |
| affected by any post-sentence disposition. The Secretary of | 5 |
| State shall
suspend the driver's license of any person
| 6 |
| determined by the Secretary to be in violation of this | 7 |
| subsection. | 8 |
| (n) Any offender placed on supervision for any offense that | 9 |
| the court or probation department has determined to be sexually | 10 |
| motivated as defined in the Sex Offender Management Board Act | 11 |
| shall be required to refrain from any contact, directly or | 12 |
| indirectly, with any persons specified by the court and shall | 13 |
| be available for all evaluations and treatment programs | 14 |
| required by the court or the probation department.
| 15 |
| (o) An offender placed on supervision for a sex offense as | 16 |
| defined in the Sex Offender
Management Board Act shall refrain | 17 |
| from residing at the same address or in the same condominium | 18 |
| unit or apartment unit or in the same condominium complex or | 19 |
| apartment complex with another person he or she knows or | 20 |
| reasonably should know is a convicted sex offender or has been | 21 |
| placed on supervision for a sex offense. The provisions of this | 22 |
| subsection (o) do not apply to a person convicted of a sex | 23 |
| offense who is placed in a Department of Corrections licensed | 24 |
| transitional housing facility for sex offenders.
| 25 |
| (Source: P.A. 92-282, eff. 8-7-01; 92-458, eff. 8-22-01; | 26 |
| 92-651, eff. 7-11-02; 93-475, eff. 8-8-03; 93-970, eff. | 27 |
| 8-20-04.)
| 28 |
| (730 ILCS 5/5-6-4) (from Ch. 38, par. 1005-6-4)
| 29 |
| Sec. 5-6-4. Violation, Modification or Revocation of | 30 |
| Probation, of
Conditional Discharge or Supervision or of a | 31 |
| sentence of county impact
incarceration - Hearing.
| 32 |
| (a) Except in cases where
conditional discharge or | 33 |
| supervision was imposed for a petty offense as
defined in | 34 |
| Section 5-1-17, when a petition is filed charging a violation | 35 |
| of
a condition, the court may:
|
|
|
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LRB094 05157 RLC 35198 b |
|
| 1 |
| (1) in the case of probation violations, order the | 2 |
| issuance of a notice
to the offender to be present by the | 3 |
| County Probation Department or such
other agency | 4 |
| designated by the court to handle probation matters; and in
| 5 |
| the case of conditional discharge or supervision | 6 |
| violations, such notice
to the offender shall be issued by | 7 |
| the Circuit Court Clerk;
and in the case of a violation of | 8 |
| a sentence of county impact incarceration,
such notice | 9 |
| shall be issued by the Sheriff;
| 10 |
| (2) order a summons to the offender to be present for | 11 |
| hearing; or
| 12 |
| (3) order a warrant for the offender's arrest where | 13 |
| there is danger of
his fleeing the jurisdiction or causing | 14 |
| serious harm to others or when the
offender fails to answer | 15 |
| a summons or notice from the clerk of the court or
Sheriff.
| 16 |
| Personal service of the petition for violation of probation | 17 |
| or
the issuance of such warrant, summons or notice shall toll | 18 |
| the period of
probation, conditional discharge, supervision, | 19 |
| or sentence of
county impact incarceration until
the final | 20 |
| determination of the charge, and the term of probation,
| 21 |
| conditional discharge, supervision, or sentence of county | 22 |
| impact
incarceration shall not run until the hearing and
| 23 |
| disposition of the petition for violation.
| 24 |
| (b) The court shall conduct a hearing of the alleged | 25 |
| violation. The
court shall admit the offender to bail pending | 26 |
| the hearing unless the
alleged violation is itself a criminal | 27 |
| offense in which case the
offender shall be admitted to bail on | 28 |
| such terms as are provided in the
Code of Criminal Procedure of | 29 |
| 1963, as amended. In any case where an
offender remains | 30 |
| incarcerated only as a result of his alleged violation of
the | 31 |
| court's earlier order of probation, supervision, conditional
| 32 |
| discharge, or county impact incarceration such hearing shall be | 33 |
| held within
14 days of the onset of
said incarceration, unless | 34 |
| the alleged violation is the commission of
another offense by | 35 |
| the offender during the period of probation, supervision
or | 36 |
| conditional discharge in which case such hearing shall be held |
|
|
|
HB0350 Enrolled |
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LRB094 05157 RLC 35198 b |
|
| 1 |
| within
the time limits described in Section 103-5 of the Code | 2 |
| of Criminal
Procedure of 1963, as amended.
| 3 |
| (c) The State has the burden of going forward with the | 4 |
| evidence and
proving the violation by the preponderance of the | 5 |
| evidence. The evidence
shall be presented in open court with | 6 |
| the right of confrontation,
cross-examination, and | 7 |
| representation by counsel.
| 8 |
| (d) Probation, conditional discharge, periodic | 9 |
| imprisonment and
supervision shall not be revoked for failure | 10 |
| to comply with conditions
of a sentence or supervision, which | 11 |
| imposes financial obligations upon the
offender unless such | 12 |
| failure is due to his willful refusal to pay.
| 13 |
| (e) If the court finds that the offender has violated a | 14 |
| condition at
any time prior to the expiration or termination of | 15 |
| the period, it may
continue him on the existing sentence, with | 16 |
| or without modifying or
enlarging the conditions, or may impose | 17 |
| any other sentence that was
available under Section 5-5-3 of | 18 |
| this Code or Section 11-501 of the Illinois Vehicle Code at the | 19 |
| time of initial sentencing.
If the court finds that the person | 20 |
| has failed to successfully complete his or
her sentence to a | 21 |
| county impact incarceration program, the court may impose any
| 22 |
| other sentence that was available under Section 5-5-3 of this | 23 |
| Code or Section 11-501 of the Illinois Vehicle Code at the time | 24 |
| of initial
sentencing,
except for a sentence of probation or | 25 |
| conditional discharge. If the court finds that the offender has | 26 |
| violated paragraph (8.6) of subsection (a) of Section 5-6-3, | 27 |
| the court shall revoke the probation of the offender. If the | 28 |
| court finds that the offender has violated subsection (o) of | 29 |
| Section 5-6-3.1, the court shall revoke the supervision of the | 30 |
| offender.
| 31 |
| (f) The conditions of probation, of conditional discharge, | 32 |
| of
supervision, or of a sentence of county impact incarceration | 33 |
| may be
modified by the court on motion of the supervising | 34 |
| agency or on its own motion or at the request of the offender | 35 |
| after
notice and a hearing.
| 36 |
| (g) A judgment revoking supervision, probation, |
|
|
|
HB0350 Enrolled |
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LRB094 05157 RLC 35198 b |
|
| 1 |
| conditional
discharge, or a sentence of county impact | 2 |
| incarceration is a final
appealable order.
| 3 |
| (h) Resentencing after revocation of probation, | 4 |
| conditional
discharge, supervision, or a sentence of county | 5 |
| impact
incarceration shall be under Article 4. Time served on
| 6 |
| probation, conditional discharge or supervision shall not be | 7 |
| credited by
the court against a sentence of imprisonment or | 8 |
| periodic imprisonment
unless the court orders otherwise.
| 9 |
| (i) Instead of filing a violation of probation, conditional | 10 |
| discharge,
supervision, or a sentence of county impact | 11 |
| incarceration, an agent or
employee of the
supervising agency | 12 |
| with the concurrence of his or
her
supervisor may serve on the | 13 |
| defendant a Notice of Intermediate Sanctions.
The
Notice shall | 14 |
| contain the technical violation or violations involved, the | 15 |
| date
or dates of the violation or violations, and the | 16 |
| intermediate sanctions to be
imposed. Upon receipt of the | 17 |
| Notice, the defendant shall immediately accept or
reject the | 18 |
| intermediate sanctions. If the sanctions are accepted, they | 19 |
| shall
be imposed immediately. If the intermediate sanctions are | 20 |
| rejected or the
defendant does not respond to the Notice, a | 21 |
| violation of probation, conditional
discharge, supervision, or | 22 |
| a sentence of county impact incarceration
shall be immediately | 23 |
| filed with the court. The
State's Attorney and the sentencing | 24 |
| court shall be notified of the Notice of
Sanctions. Upon | 25 |
| successful completion of the intermediate sanctions, a court
| 26 |
| may not revoke probation, conditional discharge, supervision, | 27 |
| or a
sentence of county impact incarceration or impose
| 28 |
| additional sanctions for the same violation.
A notice of | 29 |
| intermediate sanctions may not be issued for any violation of
| 30 |
| probation, conditional discharge, supervision, or a sentence | 31 |
| of county
impact incarceration which could warrant an
| 32 |
| additional, separate felony charge.
The intermediate sanctions | 33 |
| shall include a term of home detention as provided
in Article | 34 |
| 8A of Chapter V of this Code for multiple or repeat violations | 35 |
| of
the terms and conditions of a sentence of probation, | 36 |
| conditional discharge, or
supervision. |
|
|
|
HB0350 Enrolled |
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LRB094 05157 RLC 35198 b |
|
| 1 |
| (j) When an offender is re-sentenced after revocation of | 2 |
| probation that was imposed in combination with a sentence of | 3 |
| imprisonment for the same offense, the aggregate of the | 4 |
| sentences may not exceed the maximum term authorized under | 5 |
| Article 8 of this Chapter.
| 6 |
| (Source: P.A. 93-800, eff. 1-1-05; 93-1014, eff. 1-1-05; | 7 |
| revised 10-25-04.)
| 8 |
| Section 10. The Probation and Probation Officers Act is | 9 |
| amended by adding Section 16.2 as follows: | 10 |
| (730 ILCS 110/16.2 new)
| 11 |
| Sec. 16.2. Verification of sex offender's address. A | 12 |
| probation officer supervising a person who has been placed on | 13 |
| probation for a sex offense as defined in the Sex Offender
| 14 |
| Management Board Act shall periodically, but not less than once | 15 |
| a month, verify that the person is in compliance with paragraph | 16 |
| (8.6) of subsection (a) of Section 5-6-3 of the Unified Code of | 17 |
| Corrections.
| 18 |
| Section 15. The Sex Offender and Child Murderer Community | 19 |
| Notification Law is amended by changing Section 120 as follows:
| 20 |
| (730 ILCS 152/120)
| 21 |
| Sec. 120. Community notification of sex offenders.
| 22 |
| (a) The sheriff of the county, except Cook County, shall | 23 |
| disclose to the
following the name, address, date of birth, | 24 |
| place of employment, school
attended, and offense
or | 25 |
| adjudication of all sex offenders required to register under | 26 |
| Section 3 of
the Sex Offender Registration Act:
| 27 |
| (1) The boards of institutions of higher education or | 28 |
| other appropriate
administrative offices of each | 29 |
| non-public institution of higher education
located in the | 30 |
| county where the sex offender is required to register, | 31 |
| resides,
is employed, or is attending an institution of | 32 |
| higher education; and
|
|
|
|
HB0350 Enrolled |
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LRB094 05157 RLC 35198 b |
|
| 1 |
| (2) School boards of public school districts and the | 2 |
| principal or other
appropriate administrative officer of | 3 |
| each nonpublic school located in the
county where the sex | 4 |
| offender is required to register or is employed; and
| 5 |
| (3) Child care facilities located in the county
where | 6 |
| the sex offender is required to register or is employed.
| 7 |
| (a-2) The sheriff of Cook County shall disclose to the | 8 |
| following the name,
address, date of birth, place of | 9 |
| employment, school attended, and offense
or
adjudication of
all | 10 |
| sex offenders required to register under Section 3 of the Sex | 11 |
| Offender
Registration Act:
| 12 |
| (1) School boards of public school districts and the | 13 |
| principal or other
appropriate administrative officer of | 14 |
| each nonpublic school located within the
region of Cook | 15 |
| County, as those public school districts and nonpublic | 16 |
| schools
are identified in LEADS, other than the City of | 17 |
| Chicago, where the sex offender
is required to register or | 18 |
| is employed; and
| 19 |
| (2) Child care facilities located within the region of | 20 |
| Cook
County, as those child care facilities are identified | 21 |
| in LEADS, other than
the City of Chicago, where the sex | 22 |
| offender is required to register or is
employed; and
| 23 |
| (3) The boards of institutions of higher education or | 24 |
| other appropriate
administrative offices of each | 25 |
| non-public institution of higher education
located in the | 26 |
| county, other than the City of Chicago, where the sex | 27 |
| offender
is required to register, resides, is employed, or | 28 |
| attending an institution
of
higher
education.
| 29 |
| (a-3) The Chicago Police Department shall disclose to the | 30 |
| following the
name, address, date of birth, place of | 31 |
| employment, school attended, and
offense
or adjudication
of all | 32 |
| sex offenders required to register under Section 3 of the Sex | 33 |
| Offender
Registration Act:
| 34 |
| (1) School boards of public school districts and the | 35 |
| principal or other
appropriate administrative officer of | 36 |
| each nonpublic school located in the
police district where |
|
|
|
HB0350 Enrolled |
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LRB094 05157 RLC 35198 b |
|
| 1 |
| the sex offender is required to register or is
employed if | 2 |
| the offender is required to register or is employed in the
| 3 |
| City of Chicago; and
| 4 |
| (2) Child care facilities located in the police | 5 |
| district where the
sex offender is required to register or | 6 |
| is employed if the offender is
required to register or is | 7 |
| employed in the City of Chicago; and
| 8 |
| (3) The boards of institutions of higher education or | 9 |
| other appropriate
administrative offices of each | 10 |
| non-public institution of higher education
located in the | 11 |
| police district where the sex offender is required to | 12 |
| register,
resides, is employed, or attending an | 13 |
| institution of higher education in the
City of
Chicago.
| 14 |
| (a-4) The Department of State Police shall provide a list | 15 |
| of sex offenders
required to register to the Illinois | 16 |
| Department of Children and Family
Services.
| 17 |
| (b) The Department of State Police and any law enforcement | 18 |
| agency may
disclose, in the Department's or agency's | 19 |
| discretion, the following information
to any person likely to | 20 |
| encounter a sex offender, or sexual predator:
| 21 |
| (1) The offender's name, address, and date of birth.
| 22 |
| (2) The offense for which the offender was convicted.
| 23 |
| (3) Adjudication as a sexually dangerous person.
| 24 |
| (4) The offender's photograph or other such | 25 |
| information that will help
identify the sex offender.
| 26 |
| (5) Offender employment information, to protect public | 27 |
| safety.
| 28 |
| (c) The name, address, date of birth, and offense or | 29 |
| adjudication for sex
offenders required to register under | 30 |
| Section 3 of the Sex Offender Registration
Act shall be open to | 31 |
| inspection by the public as provided in this Section.
Every | 32 |
| municipal police department shall make available at its | 33 |
| headquarters
the information on all sex offenders who are | 34 |
| required to register in the
municipality under the Sex Offender | 35 |
| Registration Act. The sheriff shall
also make available at his | 36 |
| or her headquarters the information on all sex
offenders who |
|
|
|
HB0350 Enrolled |
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LRB094 05157 RLC 35198 b |
|
| 1 |
| are required to register under that Act and who live in
| 2 |
| unincorporated areas of the county. Sex offender information | 3 |
| must be made
available for public inspection to any person, no | 4 |
| later than 72 hours or 3
business days from the date of the | 5 |
| request.
The request must be made in person, in writing, or by | 6 |
| telephone.
Availability must include giving the inquirer | 7 |
| access to a
facility where the information may be copied. A | 8 |
| department or sheriff
may charge a fee, but the fee may not | 9 |
| exceed the actual costs of
copying the information. An inquirer | 10 |
| must be allowed to copy this information
in his or her own | 11 |
| handwriting. A department or sheriff must allow access to
the | 12 |
| information during normal public working hours.
The sheriff or | 13 |
| a municipal police department may publish the
photographs of | 14 |
| sex offenders where any victim was 13 years of age or younger
| 15 |
| and who are required to register in the municipality or county | 16 |
| under the Sex
Offender Registration Act in a newspaper or | 17 |
| magazine of general circulation in
the municipality or county | 18 |
| or may disseminate the photographs of those sex
offenders on | 19 |
| the Internet or on television. The law enforcement agency may
| 20 |
| make available the information on all sex offenders residing | 21 |
| within any county.
| 22 |
| (d) The Department of State Police and any law enforcement | 23 |
| agency having
jurisdiction may, in the Department's or agency's | 24 |
| discretion, place the
information specified in subsection (b) | 25 |
| on the Internet or in
other media.
| 26 |
| (e) The Department of State Police and any law enforcement | 27 |
| agency having
jurisdiction may, in the Department's or agency's | 28 |
| discretion, only provide
the
information specified in | 29 |
| subsection (b), with respect to an adjudicated
juvenile | 30 |
| delinquent, to any person when that person's safety may be | 31 |
| compromised
for some
reason related to the juvenile sex | 32 |
| offender.
| 33 |
| (f) The administrator of a transitional housing facility | 34 |
| for sex offenders shall comply with the notification procedures | 35 |
| established in paragraph (4) of subsection (b) of Section | 36 |
| 3-17-5 of the Unified Code of Corrections.
|
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HB0350 Enrolled |
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LRB094 05157 RLC 35198 b |
|
| 1 |
| (Source: P.A. 91-48, eff. 7-1-99; 91-221, eff. 7-22-99;
91-224, | 2 |
| eff. 7-1-00; 91-357, eff. 7-29-99; 91-394, eff. 1-1-00; 92-16,
| 3 |
| 6-28-01; 92-828, eff. 8-22-02.)
| 4 |
| Section 99. Effective date. This Act takes effect upon | 5 |
| becoming law.
|
|