Full Text of HB0481 94th General Assembly
HB0481sam003 94TH GENERAL ASSEMBLY
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Sen. Don Harmon
Filed: 10/26/2005
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09400HB0481sam003 |
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LRB094 06385 RLC 49780 a |
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| AMENDMENT TO HOUSE BILL 481
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| AMENDMENT NO. ______. Amend House Bill 481 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Unified Code of Corrections is amended by | 5 |
| changing Section 3-17-5, as added by Public Act 94-161, and by | 6 |
| changing Sections 3-3-7, 5-6-3, and 5-6-3.1 as follows: | 7 |
| (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | 8 |
| Sec. 3-3-7. Conditions of Parole or Mandatory Supervised | 9 |
| Release.
| 10 |
| (a) The conditions of parole or mandatory
supervised | 11 |
| release shall be such as the Prisoner Review
Board deems | 12 |
| necessary to assist the subject in leading a
law-abiding life. | 13 |
| The conditions of every parole and mandatory
supervised release | 14 |
| are that the subject:
| 15 |
| (1) not violate any criminal statute of any | 16 |
| jurisdiction
during the parole or release term;
| 17 |
| (2) refrain from possessing a firearm or other | 18 |
| dangerous
weapon;
| 19 |
| (3) report to an agent of the Department of | 20 |
| Corrections;
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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;
| 24 |
| (5) attend or reside in a facility established for the |
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| instruction or
residence
of persons on
parole or mandatory | 2 |
| supervised release;
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| (6) secure permission before visiting or writing a | 4 |
| committed person in an
Illinois Department
of Corrections | 5 |
| facility;
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| (7) report all arrests to an agent of the Department of | 7 |
| Corrections as
soon as
permitted by the
arresting authority | 8 |
| 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 | 11 |
| Sex Offender
Management Board Act, the individual shall | 12 |
| undergo and successfully complete
sex offender treatment | 13 |
| conducted in conformance with the standards developed by
| 14 |
| the Sex
Offender Management Board Act by a treatment | 15 |
| provider approved by the Board;
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| (7.6) if convicted of a sex offense as defined in the | 17 |
| Sex Offender
Management Board Act, refrain from residing at | 18 |
| the same address or in the same condominium unit or | 19 |
| apartment unit or in the same condominium complex or | 20 |
| apartment complex with another person he or she knows or | 21 |
| reasonably should know is a convicted sex offender or has | 22 |
| been placed on supervision for a sex offense; the | 23 |
| provisions of this paragraph do not apply to a person | 24 |
| convicted of a sex offense who is placed in a Department of | 25 |
| Corrections licensed transitional housing facility for sex | 26 |
| offenders, or is in any facility operated or licensed by | 27 |
| the Department of Children and Family Services or by the | 28 |
| Department of Human Services, or is in any licensed medical | 29 |
| facility;
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| (8) obtain permission of an agent of the Department of | 31 |
| Corrections before
leaving the
State of Illinois;
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| (9) obtain permission of an agent of the Department of | 33 |
| Corrections before
changing
his or her residence or | 34 |
| employment;
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| (10) consent to a search of his or her person, | 2 |
| property, or residence
under his or her
control;
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| (11) refrain from the use or possession of narcotics or | 4 |
| other controlled
substances in
any form, or both, or any | 5 |
| paraphernalia related to those substances and submit
to a
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| urinalysis test as instructed by a parole agent of the | 7 |
| Department of
Corrections;
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| (12) not frequent places where controlled substances | 9 |
| are illegally sold,
used,
distributed, or administered;
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| (13) not knowingly associate with other persons on | 11 |
| parole or mandatory
supervised
release without prior | 12 |
| written permission of his or her parole agent and not
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| associate with
persons who are members of an organized gang | 14 |
| as that term is defined in the
Illinois
Streetgang | 15 |
| Terrorism Omnibus Prevention Act;
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| (14) provide true and accurate information, as it | 17 |
| relates to his or her
adjustment in the
community while on | 18 |
| parole or mandatory supervised release or to his or her
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| conduct
while incarcerated, in response to inquiries by his | 20 |
| or her parole agent or of
the
Department of Corrections;
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| (15) follow any specific instructions provided by the | 22 |
| parole agent that
are consistent
with furthering | 23 |
| conditions set and approved by the Prisoner Review Board or | 24 |
| by
law,
exclusive of placement on electronic detention, to | 25 |
| achieve the goals and
objectives of his
or her parole or | 26 |
| mandatory supervised release or to protect the public. | 27 |
| These
instructions by the parole agent may be modified at | 28 |
| any time, as the agent
deems
appropriate; and
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| (16) if convicted of a sex offense as defined in | 30 |
| subsection (a-5) of Section 3-1-2 of this Code, unless the | 31 |
| offender is a parent or guardian of the person under 18 | 32 |
| years of age present in the home and no non-familial minors | 33 |
| are present, not participate in a holiday event involving | 34 |
| children under 18 years of age, such as distributing candy |
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| or other items to children on Halloween, wearing a Santa | 2 |
| Claus costume on or preceding Christmas, being employed as | 3 |
| a department store Santa Claus, or wearing an Easter Bunny | 4 |
| costume on or preceding Easter. | 5 |
| (b) The Board may in addition to other conditions
require | 6 |
| that the subject:
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| (1) work or pursue a course of study or vocational | 8 |
| training;
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| (2) undergo medical or psychiatric treatment, or | 10 |
| 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 | 17 |
| protection
issued pursuant to the Illinois Domestic | 18 |
| Violence Act of 1986, enacted by the
84th General Assembly, | 19 |
| 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; | 25 |
| or
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| (iv) contribute to his own support at home or in a | 27 |
| foster
home.
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| (b-1) In addition to the conditions set forth in | 29 |
| subsections (a) and (b), persons required to register as sex | 30 |
| offenders pursuant to the Sex Offender Registration Act, upon | 31 |
| release from the custody of the Illinois Department of | 32 |
| Corrections, may be required by the Board to comply with the | 33 |
| following specific conditions of release: | 34 |
| (1) reside only at a Department approved location; |
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| (2) comply with all requirements of the Sex Offender | 2 |
| Registration Act;
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| (3) notify
third parties of the risks that may be | 4 |
| occasioned by his or her criminal record; | 5 |
| (4) obtain the approval of an agent of the Department | 6 |
| of Corrections prior to accepting employment or pursuing a | 7 |
| course of study or vocational training and notify the | 8 |
| Department prior to any change in employment, study, or | 9 |
| training; | 10 |
| (5) not be employed or participate in any
volunteer | 11 |
| activity that involves contact with children, except under | 12 |
| circumstances approved in advance and in writing by an | 13 |
| agent of the Department of Corrections; | 14 |
| (6) be electronically monitored for a minimum of 12 | 15 |
| months from the date of release as determined by the Board;
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| (7) refrain from entering into a designated
geographic | 17 |
| area except upon terms approved in advance by an agent of | 18 |
| the Department of Corrections. The terms may include | 19 |
| consideration of the purpose of the entry, the time of day, | 20 |
| and others accompanying the person; | 21 |
| (8) refrain from having any contact, including
written | 22 |
| or oral communications, directly or indirectly, personally | 23 |
| or by telephone, letter, or through a third party with | 24 |
| certain specified persons including, but not limited to, | 25 |
| the victim or the victim's family without the prior written | 26 |
| approval of an agent of the Department of Corrections; | 27 |
| (9) refrain from all contact, directly or
indirectly, | 28 |
| personally, by telephone, letter, or through a third party, | 29 |
| with minor children without prior identification and | 30 |
| approval of an agent of the Department of Corrections; | 31 |
| (10) neither possess or have under his or her
control | 32 |
| any material that is sexually oriented, sexually | 33 |
| stimulating, or that shows male or female sex organs or any | 34 |
| pictures depicting children under 18 years of age nude or |
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| any written or audio material describing sexual | 2 |
| intercourse or that depicts or alludes to sexual activity, | 3 |
| including but not limited to visual, auditory, telephonic, | 4 |
| or electronic media, or any matter obtained through access | 5 |
| to any computer or material linked to computer access use; | 6 |
| (11) not patronize any business providing
sexually | 7 |
| stimulating or sexually oriented entertainment nor utilize | 8 |
| "900" or adult telephone numbers; | 9 |
| (12) not reside near, visit, or be in or about
parks, | 10 |
| schools, day care centers, swimming pools, beaches, | 11 |
| theaters, or any other places where minor children | 12 |
| congregate without advance approval of an agent of the | 13 |
| Department of Corrections and immediately report any | 14 |
| incidental contact with minor children to the Department; | 15 |
| (13) not possess or have under his or her control
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| certain specified items of contraband related to the | 17 |
| incidence of sexually offending as determined by an agent | 18 |
| of the Department of Corrections; | 19 |
| (14) may be required to provide a written daily log of | 20 |
| activities
if directed by an agent of the Department of | 21 |
| Corrections; | 22 |
| (15) comply with all other special conditions
that the | 23 |
| Department may impose that restrict the person from | 24 |
| high-risk situations and limit access to potential | 25 |
| victims. | 26 |
| (c) The conditions under which the parole or mandatory
| 27 |
| supervised release is to be served shall be communicated to
the | 28 |
| person in writing prior to his release, and he shall
sign the | 29 |
| 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 | 31 |
| issued by the
criminal court, shall be retained by the person | 32 |
| and another copy forwarded to
the officer in charge of his | 33 |
| 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 | 2 |
| 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 | 5 |
| release and shall assist inmates in availing themselves
of such | 6 |
| optional services upon their release on a voluntary
basis.
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| (Source: P.A. 93-616, eff. 1-1-04; 93-865, eff. 1-1-05; 94-159, | 8 |
| eff. 7-11-05; 94-161, eff. 7-11-05; revised 8-19-05.)
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| (730 ILCS 5/3-17-5) | 10 |
| (Text of Section from P.A. 94-161)
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| Sec. 3-17-5. Transitional housing; licensing. | 12 |
| (a) The Department of Corrections shall license | 13 |
| transitional housing facilities for persons convicted of or | 14 |
| placed on supervision for sex offenses as defined in the Sex | 15 |
| Offender Management Board Act. | 16 |
| (b) A transitional housing facility must meet the following | 17 |
| criteria to be licensed by the Department: | 18 |
| (1) The facility shall provide housing to a sex | 19 |
| offender who is in compliance with his or her parole, | 20 |
| mandatory supervised release, probation, or supervision | 21 |
| order for a period not to exceed 90 days, unless extended | 22 |
| with approval from the Director or his or her designee. | 23 |
| Notice of any extension approved shall be provided to the | 24 |
| Prisoner Review Board. | 25 |
| (2) The Department of Corrections or county with | 26 |
| supervision over sex offenders must approve a treatment | 27 |
| plan and counseling for each sex offender residing in the | 28 |
| transitional housing. | 29 |
| (3) The transitional housing facility must provide | 30 |
| security 24 hours each day and 7 days each week as defined | 31 |
| and approved by the Department. | 32 |
| (4) The facility must notify the police department, | 33 |
| public and private elementary and secondary schools, |
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| public libraries, and each residential home and apartment | 2 |
| complex located within 500 feet of the transitional housing | 3 |
| facility of its initial licensure as a transitional housing | 4 |
| facility, and of its continuing operation as a transitional | 5 |
| housing facility annually thereafter. | 6 |
| (5) Upon its initial licensure as a transitional | 7 |
| housing facility and during its licensure, each facility | 8 |
| shall maintain at its main entrance a visible and | 9 |
| conspicuous exterior sign identifying itself as, in | 10 |
| letters at least 4 inches tall, a "Department of | 11 |
| Corrections Licensed Transitional Housing Facility". | 12 |
| (6) Upon its initial licensure as a transitional | 13 |
| housing facility, each facility shall file in the office of | 14 |
| the county clerk of the county in which such facility is | 15 |
| located, a certificate setting forth the name under which | 16 |
| the facility is, or is to be, operated, and the true or | 17 |
| real full name or names of the person, persons or entity | 18 |
| operating the same, with the address of the facility. The | 19 |
| certificate shall be executed and duly acknowledged by the | 20 |
| person or persons so operating or intending to operate the | 21 |
| facility. Notice of the filing of the certificate shall be | 22 |
| published in a newspaper of general circulation published | 23 |
| within the county in which the certificate is filed. The | 24 |
| notice shall be published once a week for 3 consecutive | 25 |
| weeks. The first publication shall be within 15 days after | 26 |
| the certificate is filed in the office of the county clerk. | 27 |
| Proof of publication shall be filed with the county clerk | 28 |
| within 50 days from the date of filing the certificate. | 29 |
| Upon receiving proof of publication, the clerk shall issue | 30 |
| a receipt to the person filing the certificate, but no | 31 |
| additional charge shall be assessed by the clerk for giving | 32 |
| such receipt. Unless proof of publication is made to the | 33 |
| clerk, the notification is void. | 34 |
| (7) Each licensed transitional housing facility shall |
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| be identified on the Illinois State Police Sex Offender | 2 |
| Registry website, including the address of the facility | 3 |
| together with the maximum possible number of sex offenders | 4 |
| that the facility could house. | 5 |
| (c) The Department of Corrections shall establish rules | 6 |
| consistent with this Section establishing licensing procedures | 7 |
| and criteria for transitional housing facilities for sex | 8 |
| offenders, and may create criteria for, and issue licenses for, | 9 |
| different levels of facilities to be licensed. The Department | 10 |
| is authorized to set and charge a licensing fee for each | 11 |
| application for a transitional housing license. The rules shall | 12 |
| be adopted within 60 days after the effective date of this | 13 |
| amendatory Act of the 94th General Assembly. Facilities which | 14 |
| on the effective date of this amendatory Act of the 94th | 15 |
| General Assembly are currently housing and providing sex | 16 |
| offender treatment to sex offenders may continue housing more | 17 |
| than one sex offender on parole, mandatory supervised release, | 18 |
| probation, or supervision for a period of 120 days after the | 19 |
| adoption of licensure rules during which time the facility | 20 |
| shall apply for a transitional housing license.
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| (d) The Department of Corrections or county with | 22 |
| supervision over sex offenders shall maintain a file on each | 23 |
| sex offender housed in a transitional housing facility. The | 24 |
| file shall contain efforts of the Department or county in | 25 |
| placing a sex offender in non-transitional housing, efforts of | 26 |
| the Department or county to place the sex offender in a county | 27 |
| from which he or she was convicted, the anticipated length of | 28 |
| stay of each sex offender in the transitional housing facility, | 29 |
| the number of sex offenders residing in the transitional | 30 |
| housing facility, and the services to be provided the sex | 31 |
| offender while he or she resides in the transitional housing | 32 |
| facility.
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| (e) The Department of Corrections shall, on or before | 34 |
| December 31 of each year, file a report with the General |
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| Assembly on the number of transitional housing facilities for | 2 |
| sex offenders licensed by the Department, the addresses of each | 3 |
| licensed facility, how many sex offenders are housed in each | 4 |
| facility, and the particular sex offense that each resident of | 5 |
| the transitional housing facility committed.
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| (Source: P.A. 94-161, eff. 7-11-05.) | 7 |
| (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
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| Sec. 5-6-3. Conditions of Probation and of Conditional | 9 |
| Discharge.
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| (a) The conditions of probation and of conditional | 11 |
| discharge shall be
that the person:
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| (1) not violate any criminal statute of any | 13 |
| jurisdiction;
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| (2) report to or appear in person before such person or | 15 |
| agency as
directed by the court;
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| (3) refrain from possessing a firearm or other | 17 |
| dangerous weapon;
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| (4) not leave the State without the consent of the | 19 |
| court or, in
circumstances in which the reason for the | 20 |
| absence is of such an emergency
nature that prior consent | 21 |
| by the court is not possible, without the prior
| 22 |
| notification and approval of the person's probation
| 23 |
| officer. Transfer of a person's probation or conditional | 24 |
| discharge
supervision to another state is subject to | 25 |
| acceptance by the other state
pursuant to the Interstate | 26 |
| Compact for Adult Offender Supervision;
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| (5) permit the probation officer to visit
him at his | 28 |
| home or elsewhere
to the extent necessary to discharge his | 29 |
| duties;
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| (6) perform no less than 30 hours of community service | 31 |
| and not more than
120 hours of community service, if | 32 |
| community service is available in the
jurisdiction and is | 33 |
| funded and approved by the county board where the offense
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| was committed, where the offense was related to or in | 2 |
| furtherance of the
criminal activities of an organized gang | 3 |
| and was motivated by the offender's
membership in or | 4 |
| allegiance to an organized gang. The community service | 5 |
| shall
include, but not be limited to, the cleanup and | 6 |
| repair of any damage caused by
a violation of Section | 7 |
| 21-1.3 of the Criminal Code of 1961 and similar damage
to | 8 |
| property located within the municipality or county in which | 9 |
| the violation
occurred. When possible and reasonable, the | 10 |
| community service should be
performed in the offender's | 11 |
| neighborhood. For purposes of this Section,
"organized | 12 |
| gang" has the meaning ascribed to it in Section 10 of the | 13 |
| Illinois
Streetgang Terrorism Omnibus Prevention Act;
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| (7) if he or she is at least 17 years of age and has | 15 |
| been sentenced to
probation or conditional discharge for a | 16 |
| misdemeanor or felony in a county of
3,000,000 or more | 17 |
| inhabitants and has not been previously convicted of a
| 18 |
| misdemeanor or felony, may be required by the sentencing | 19 |
| court to attend
educational courses designed to prepare the | 20 |
| defendant for a high school diploma
and to work toward a | 21 |
| high school diploma or to work toward passing the high
| 22 |
| school level Test of General Educational Development (GED) | 23 |
| or to work toward
completing a vocational training program | 24 |
| approved by the court. The person on
probation or | 25 |
| conditional discharge must attend a public institution of
| 26 |
| education to obtain the educational or vocational training | 27 |
| required by this
clause (7). The court shall revoke the | 28 |
| probation or conditional discharge of a
person who wilfully | 29 |
| fails to comply with this clause (7). The person on
| 30 |
| probation or conditional discharge shall be required to pay | 31 |
| for the cost of the
educational courses or GED test, if a | 32 |
| fee is charged for those courses or
test. The court shall | 33 |
| resentence the offender whose probation or conditional
| 34 |
| discharge has been revoked as provided in Section 5-6-4. |
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| This clause (7) does
not apply to a person who has a high | 2 |
| school diploma or has successfully passed
the GED test. | 3 |
| This clause (7) does not apply to a person who is | 4 |
| determined by
the court to be developmentally disabled or | 5 |
| otherwise mentally incapable of
completing the educational | 6 |
| or vocational program;
| 7 |
| (8) if convicted of possession of a substance | 8 |
| prohibited
by the Cannabis Control Act, the Illinois | 9 |
| Controlled Substances Act, or the Methamphetamine Control | 10 |
| and Community Protection Act
after a previous conviction or | 11 |
| disposition of supervision for possession of a
substance | 12 |
| prohibited by the Cannabis Control Act or Illinois | 13 |
| Controlled
Substances Act or after a sentence of probation | 14 |
| under Section 10 of the
Cannabis
Control Act, Section 410 | 15 |
| of the Illinois Controlled Substances Act, or Section 70 of | 16 |
| the Methamphetamine Control and Community Protection Act | 17 |
| and upon a
finding by the court that the person is | 18 |
| addicted, undergo treatment at a
substance abuse program | 19 |
| approved by the court;
| 20 |
| (8.5) if convicted of a felony sex offense as defined | 21 |
| in the Sex
Offender
Management Board Act, the person shall | 22 |
| undergo and successfully complete sex
offender treatment | 23 |
| by a treatment provider approved by the Board and conducted
| 24 |
| in conformance with the standards developed under the Sex
| 25 |
| Offender Management Board Act;
| 26 |
| (8.6) if convicted of a sex offense as defined in the | 27 |
| Sex Offender Management Board Act, refrain from residing at | 28 |
| the same address or in the same condominium unit or | 29 |
| apartment unit or in the same condominium complex or | 30 |
| apartment complex with another person he or she knows or | 31 |
| reasonably should know is a convicted sex offender or has | 32 |
| been placed on supervision for a sex offense; the | 33 |
| provisions of this paragraph do not apply to a person | 34 |
| convicted of a sex offense who is placed in a Department of |
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| Corrections licensed transitional housing facility for sex | 2 |
| offenders; and | 3 |
| (9) if convicted of a felony, physically surrender at a | 4 |
| time and place
designated by the court, his or her Firearm
| 5 |
| Owner's Identification Card and
any and all firearms in
his | 6 |
| or her possession; and
| 7 |
| (10) if convicted of a sex offense as defined in | 8 |
| subsection (a-5) of Section 3-1-2 of this Code, unless the | 9 |
| offender is a parent or guardian of the person under 18 | 10 |
| years of age present in the home and no non-familial minors | 11 |
| are present, not participate in a holiday event involving | 12 |
| children under 18 years of age, such as distributing candy | 13 |
| or other items to children on Halloween, wearing a Santa | 14 |
| Claus costume on or preceding Christmas, being employed as | 15 |
| a department store Santa Claus, or wearing an Easter Bunny | 16 |
| costume on or preceding Easter. | 17 |
| (b) The Court may in addition to other reasonable | 18 |
| conditions relating to the
nature of the offense or the | 19 |
| rehabilitation of the defendant as determined for
each | 20 |
| defendant in the proper discretion of the Court require that | 21 |
| the person:
| 22 |
| (1) serve a term of periodic imprisonment under Article | 23 |
| 7 for a
period not to exceed that specified in paragraph | 24 |
| (d) of Section 5-7-1;
| 25 |
| (2) pay a fine and costs;
| 26 |
| (3) work or pursue a course of study or vocational | 27 |
| training;
| 28 |
| (4) undergo medical, psychological or psychiatric | 29 |
| treatment; or treatment
for drug addiction or alcoholism;
| 30 |
| (5) attend or reside in a facility established for the | 31 |
| instruction
or residence of defendants on probation;
| 32 |
| (6) support his dependents;
| 33 |
| (7) and in addition, if a minor:
| 34 |
| (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;
| 3 |
| (iv) contribute to his own support at home or in a | 4 |
| foster home;
| 5 |
| (v) with the consent of the superintendent of the
| 6 |
| facility, attend an educational program at a facility | 7 |
| other than the school
in which the
offense was | 8 |
| committed if he
or she is convicted of a crime of | 9 |
| violence as
defined in
Section 2 of the Crime Victims | 10 |
| Compensation Act committed in a school, on the
real
| 11 |
| property
comprising a school, or within 1,000 feet of | 12 |
| the real property comprising a
school;
| 13 |
| (8) make restitution as provided in Section 5-5-6 of | 14 |
| this Code;
| 15 |
| (9) perform some reasonable public or community | 16 |
| service;
| 17 |
| (10) serve a term of home confinement. In addition to | 18 |
| any other
applicable condition of probation or conditional | 19 |
| discharge, the
conditions of home confinement shall be that | 20 |
| the offender:
| 21 |
| (i) remain within the interior premises of the | 22 |
| place designated for
his confinement during the hours | 23 |
| designated by the court;
| 24 |
| (ii) admit any person or agent designated by the | 25 |
| court into the
offender's place of confinement at any | 26 |
| time for purposes of verifying
the offender's | 27 |
| compliance with the conditions of his confinement; and
| 28 |
| (iii) if further deemed necessary by the court or | 29 |
| the
Probation or
Court Services Department, be placed | 30 |
| on an approved
electronic monitoring device, subject | 31 |
| to Article 8A of Chapter V;
| 32 |
| (iv) for persons convicted of any alcohol, | 33 |
| cannabis or controlled
substance violation who are | 34 |
| placed on an approved monitoring device as a
condition |
|
|
|
09400HB0481sam003 |
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LRB094 06385 RLC 49780 a |
|
| 1 |
| of probation or conditional discharge, the court shall | 2 |
| impose a
reasonable fee for each day of the use of the | 3 |
| device, as established by the
county board in | 4 |
| subsection (g) of this Section, unless after | 5 |
| determining the
inability of the offender to pay the | 6 |
| fee, the court assesses a lesser fee or no
fee as the | 7 |
| case may be. This fee shall be imposed in addition to | 8 |
| the fees
imposed under subsections (g) and (i) of this | 9 |
| Section. The fee shall be
collected by the clerk of the | 10 |
| circuit court. The clerk of the circuit
court shall pay | 11 |
| all monies collected from this fee to the county | 12 |
| treasurer
for deposit in the substance abuse services | 13 |
| fund under Section 5-1086.1 of
the Counties Code; and
| 14 |
| (v) for persons convicted of offenses other than | 15 |
| those referenced in
clause (iv) above and who are | 16 |
| placed on an approved monitoring device as a
condition | 17 |
| of probation or conditional discharge, the court shall | 18 |
| impose
a reasonable fee for each day of the use of the | 19 |
| device, as established by the
county board in | 20 |
| subsection (g) of this Section, unless after | 21 |
| determining the
inability of the defendant to pay the | 22 |
| fee, the court assesses a lesser fee or
no fee as the | 23 |
| case may be. This fee shall be imposed in addition to | 24 |
| the fees
imposed under subsections (g) and (i) of this | 25 |
| Section. The fee
shall be collected by the clerk of the | 26 |
| circuit court. The clerk of the circuit
court shall pay | 27 |
| all monies collected from this fee
to the county | 28 |
| treasurer who shall use the monies collected to defray | 29 |
| the
costs of corrections. The county treasurer shall | 30 |
| deposit the fee
collected in the county working cash | 31 |
| fund under Section 6-27001 or Section
6-29002 of the | 32 |
| Counties Code, as the case may be.
| 33 |
| (11) comply with the terms and conditions of an order | 34 |
| of protection issued
by the court pursuant to the Illinois |
|
|
|
09400HB0481sam003 |
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LRB094 06385 RLC 49780 a |
|
| 1 |
| Domestic Violence Act of 1986,
as now or hereafter amended, | 2 |
| or an order of protection issued by the court of
another | 3 |
| state, tribe, or United States territory. A copy of the | 4 |
| order of
protection shall be
transmitted to the probation | 5 |
| officer or agency
having responsibility for the case;
| 6 |
| (12) reimburse any "local anti-crime program" as | 7 |
| defined in Section 7
of the Anti-Crime Advisory Council Act | 8 |
| for any reasonable expenses incurred
by the program on the | 9 |
| offender's case, not to exceed the maximum amount of
the | 10 |
| fine authorized for the offense for which the defendant was | 11 |
| sentenced;
| 12 |
| (13) contribute a reasonable sum of money, not to | 13 |
| exceed the maximum
amount of the fine authorized for the
| 14 |
| offense for which the defendant was sentenced, to a "local | 15 |
| anti-crime
program", as defined in Section 7 of the | 16 |
| Anti-Crime Advisory Council Act;
| 17 |
| (14) refrain from entering into a designated | 18 |
| geographic area except upon
such terms as the court finds | 19 |
| appropriate. Such terms may include
consideration of the | 20 |
| purpose of the entry, the time of day, other persons
| 21 |
| accompanying the defendant, and advance approval by a
| 22 |
| probation officer, if
the defendant has been placed on | 23 |
| probation or advance approval by the
court, if the | 24 |
| defendant was placed on conditional discharge;
| 25 |
| (15) refrain from having any contact, directly or | 26 |
| indirectly, with
certain specified persons or particular | 27 |
| types of persons, including but not
limited to members of | 28 |
| street gangs and drug users or dealers;
| 29 |
| (16) refrain from having in his or her body the | 30 |
| presence of any illicit
drug prohibited by the Cannabis | 31 |
| Control Act, the Illinois Controlled
Substances Act, or the | 32 |
| Methamphetamine Control and Community Protection Act, | 33 |
| unless prescribed by a physician, and submit samples of
his | 34 |
| or her blood or urine or both for tests to determine the |
|
|
|
09400HB0481sam003 |
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LRB094 06385 RLC 49780 a |
|
| 1 |
| presence of any
illicit drug.
| 2 |
| (c) The court may as a condition of probation or of | 3 |
| conditional
discharge require that a person under 18 years of | 4 |
| age found guilty of any
alcohol, cannabis or controlled | 5 |
| substance violation, refrain from acquiring
a driver's license | 6 |
| during
the period of probation or conditional discharge. If | 7 |
| such person
is in possession of a permit or license, the court | 8 |
| may require that
the minor refrain from driving or operating | 9 |
| any motor vehicle during the
period of probation or conditional | 10 |
| discharge, except as may be necessary in
the course of the | 11 |
| minor's lawful employment.
| 12 |
| (d) An offender sentenced to probation or to conditional | 13 |
| discharge
shall be given a certificate setting forth the | 14 |
| conditions thereof.
| 15 |
| (e) Except where the offender has committed a fourth or | 16 |
| subsequent
violation of subsection (c) of Section 6-303 of the | 17 |
| Illinois Vehicle Code,
the court shall not require as a | 18 |
| condition of the sentence of
probation or conditional discharge | 19 |
| that the offender be committed to a
period of imprisonment in | 20 |
| excess of 6 months.
This 6 month limit shall not include | 21 |
| periods of confinement given pursuant to
a sentence of county | 22 |
| impact incarceration under Section 5-8-1.2.
This 6 month limit | 23 |
| does not apply to a person sentenced to probation as a
result | 24 |
| of a conviction of a fourth or subsequent violation of | 25 |
| subsection (c-4)
of Section 11-501 of the Illinois Vehicle Code | 26 |
| or a similar provision of a
local ordinance.
| 27 |
| Persons committed to imprisonment as a condition of | 28 |
| probation or
conditional discharge shall not be committed to | 29 |
| the Department of
Corrections.
| 30 |
| (f) The court may combine a sentence of periodic | 31 |
| imprisonment under
Article 7 or a sentence to a county impact | 32 |
| incarceration program under
Article 8 with a sentence of | 33 |
| probation or conditional discharge.
| 34 |
| (g) An offender sentenced to probation or to conditional |
|
|
|
09400HB0481sam003 |
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LRB094 06385 RLC 49780 a |
|
| 1 |
| discharge and
who during the term of either undergoes mandatory | 2 |
| drug or alcohol testing,
or both, or is assigned to be placed | 3 |
| on an approved electronic monitoring
device, shall be ordered | 4 |
| to pay all costs incidental to such mandatory drug
or alcohol | 5 |
| testing, or both, and all costs
incidental to such approved | 6 |
| electronic monitoring in accordance with the
defendant's | 7 |
| ability to pay those costs. The county board with
the | 8 |
| concurrence of the Chief Judge of the judicial
circuit in which | 9 |
| the county is located shall establish reasonable fees for
the | 10 |
| cost of maintenance, testing, and incidental expenses related | 11 |
| to the
mandatory drug or alcohol testing, or both, and all | 12 |
| costs incidental to
approved electronic monitoring, involved | 13 |
| in a successful probation program
for the county. The | 14 |
| concurrence of the Chief Judge shall be in the form of
an | 15 |
| administrative order.
The fees shall be collected by the clerk | 16 |
| of the circuit court. The clerk of
the circuit court shall pay | 17 |
| all moneys collected from these fees to the county
treasurer | 18 |
| who shall use the moneys collected to defray the costs of
drug | 19 |
| testing, alcohol testing, and electronic monitoring.
The | 20 |
| county treasurer shall deposit the fees collected in the
county | 21 |
| working cash fund under Section 6-27001 or Section 6-29002 of | 22 |
| the
Counties Code, as the case may be.
| 23 |
| (h) Jurisdiction over an offender may be transferred from | 24 |
| the
sentencing court to the court of another circuit with the | 25 |
| concurrence of
both courts. Further transfers or retransfers of
| 26 |
| jurisdiction are also
authorized in the same manner. The court | 27 |
| to which jurisdiction has been
transferred shall have the same | 28 |
| powers as the sentencing court.
| 29 |
| (i) The court shall impose upon an offender
sentenced to | 30 |
| probation after January 1, 1989 or to conditional discharge
| 31 |
| after January 1, 1992 or to community service under the | 32 |
| supervision of a
probation or court services department after | 33 |
| January 1, 2004, as a condition of such probation or | 34 |
| conditional
discharge or supervised community service, a fee of |
|
|
|
09400HB0481sam003 |
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LRB094 06385 RLC 49780 a |
|
| 1 |
| $50
for each month of probation or
conditional
discharge | 2 |
| supervision or supervised community service ordered by the | 3 |
| court, unless after
determining the inability of the person | 4 |
| sentenced to probation or conditional
discharge or supervised | 5 |
| community service to pay the
fee, the court assesses a lesser | 6 |
| fee. The court may not impose the fee on a
minor who is made a | 7 |
| ward of the State under the Juvenile Court Act of 1987
while | 8 |
| the minor is in placement.
The fee shall be imposed only upon
| 9 |
| an offender who is actively supervised by the
probation and | 10 |
| court services
department. The fee shall be collected by the | 11 |
| clerk
of the circuit court. The clerk of the circuit court | 12 |
| shall pay all monies
collected from this fee to the county | 13 |
| treasurer for deposit in the
probation and court services fund | 14 |
| under Section 15.1 of the
Probation and Probation Officers Act.
| 15 |
| A circuit court may not impose a probation fee under this | 16 |
| subsection (i) in excess of $25
per month unless: (1) the | 17 |
| circuit court has adopted, by administrative
order issued by | 18 |
| the chief judge, a standard probation fee guide
determining an | 19 |
| offender's ability to pay, under guidelines developed by
the | 20 |
| Administrative
Office of the Illinois Courts; and (2) the | 21 |
| circuit court has authorized, by
administrative order issued by | 22 |
| the chief judge, the creation of a Crime
Victim's Services | 23 |
| Fund, to be administered by the Chief Judge or his or
her | 24 |
| designee, for services to crime victims and their families. Of | 25 |
| the
amount collected as a probation fee, up to $5 of that fee
| 26 |
| collected per month may be used to provide services to crime | 27 |
| victims
and their families.
| 28 |
| This amendatory Act of the 93rd General Assembly deletes | 29 |
| the $10 increase in the fee under this subsection that was | 30 |
| imposed by Public Act 93-616. This deletion is intended to | 31 |
| control over any other Act of the 93rd General Assembly that | 32 |
| retains or incorporates that fee increase. | 33 |
| (i-5) In addition to the fees imposed under subsection (i) | 34 |
| of this Section, in the case of an offender convicted of a |
|
|
|
09400HB0481sam003 |
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LRB094 06385 RLC 49780 a |
|
| 1 |
| felony sex offense (as defined in the Sex Offender Management | 2 |
| Board Act) or an offense that the court or probation department | 3 |
| has determined to be sexually motivated (as defined in the Sex | 4 |
| Offender Management Board Act), the court or the probation | 5 |
| department shall assess additional fees to pay for all costs of | 6 |
| treatment, assessment, evaluation for risk and treatment, and | 7 |
| monitoring the offender, based on that offender's ability to | 8 |
| pay those costs either as they occur or under a payment plan. | 9 |
| (j) All fines and costs imposed under this Section for any | 10 |
| violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | 11 |
| Code, or a similar
provision of a local ordinance, and any | 12 |
| violation of the Child Passenger
Protection Act, or a similar | 13 |
| provision of a local ordinance, shall be
collected and | 14 |
| disbursed by the circuit clerk as provided under Section 27.5
| 15 |
| of the Clerks of Courts Act.
| 16 |
| (k) Any offender who is sentenced to probation or | 17 |
| conditional discharge for a felony sex offense as defined in | 18 |
| the Sex Offender Management Board Act or any offense that the | 19 |
| court or probation department has determined to be sexually | 20 |
| motivated as defined in the Sex Offender Management Board Act | 21 |
| shall be required to refrain from any contact, directly or | 22 |
| indirectly, with any persons specified by the court and shall | 23 |
| be available for all evaluations and treatment programs | 24 |
| required by the court or the probation department.
| 25 |
| (Source: P.A. 93-475, eff. 8-8-03; 93-616, eff. 1-1-04; 93-970, | 26 |
| eff. 8-20-04; 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; | 27 |
| 94-556, eff. 9-11-05; revised 8-19-05.)
| 28 |
| (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
| 29 |
| Sec. 5-6-3.1. Incidents and Conditions of Supervision.
| 30 |
| (a) When a defendant is placed on supervision, the court | 31 |
| shall enter
an order for supervision specifying the period of | 32 |
| such supervision, and
shall defer further proceedings in the | 33 |
| case until the conclusion of the
period.
|
|
|
|
09400HB0481sam003 |
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LRB094 06385 RLC 49780 a |
|
| 1 |
| (b) The period of supervision shall be reasonable under all | 2 |
| of the
circumstances of the case, but may not be longer than 2 | 3 |
| years, unless the
defendant has failed to pay the assessment | 4 |
| required by Section 10.3 of the
Cannabis Control Act,
Section | 5 |
| 411.2 of the Illinois Controlled
Substances Act, or Section 80 | 6 |
| of the Methamphetamine Control and Community Protection Act, in | 7 |
| which case the court may extend supervision beyond 2 years.
| 8 |
| Additionally, the court shall order the defendant to perform no | 9 |
| less than 30
hours of community service and not more than 120 | 10 |
| hours of community service, if
community service is available | 11 |
| in the
jurisdiction and is funded and approved by the county | 12 |
| board where the offense
was committed,
when the offense (1) was
| 13 |
| related to or in furtherance of the criminal activities of an | 14 |
| organized gang or
was motivated by the defendant's membership | 15 |
| in or allegiance to an organized
gang; or (2) is a violation of | 16 |
| any Section of Article 24 of the Criminal
Code of 1961 where a | 17 |
| disposition of supervision is not prohibited by Section
5-6-1 | 18 |
| of this Code.
The
community service shall include, but not be | 19 |
| limited to, the cleanup and repair
of any damage caused by | 20 |
| violation of Section 21-1.3 of the Criminal Code of
1961 and | 21 |
| similar damages to property located within the municipality or | 22 |
| county
in which the violation occurred. Where possible and | 23 |
| reasonable, the community
service should be performed in the | 24 |
| offender's neighborhood.
| 25 |
| For the purposes of this
Section, "organized gang" has the | 26 |
| meaning ascribed to it in Section 10 of the
Illinois Streetgang | 27 |
| Terrorism Omnibus Prevention Act.
| 28 |
| (c) The court may in addition to other reasonable | 29 |
| conditions
relating to the nature of the offense or the | 30 |
| rehabilitation of the
defendant as determined for each | 31 |
| defendant in the proper discretion of
the court require that | 32 |
| the person:
| 33 |
| (1) make a report to and appear in person before or | 34 |
| participate with
the court or such courts, person, or |
|
|
|
09400HB0481sam003 |
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LRB094 06385 RLC 49780 a |
|
| 1 |
| social service agency as directed
by the court in the order | 2 |
| of supervision;
| 3 |
| (2) pay a fine and costs;
| 4 |
| (3) work or pursue a course of study or vocational | 5 |
| training;
| 6 |
| (4) undergo medical, psychological or psychiatric | 7 |
| treatment; or
treatment for drug addiction or alcoholism;
| 8 |
| (5) attend or reside in a facility established for the | 9 |
| instruction
or residence of defendants on probation;
| 10 |
| (6) support his dependents;
| 11 |
| (7) refrain from possessing a firearm or other | 12 |
| dangerous weapon;
| 13 |
| (8) and in addition, if a minor:
| 14 |
| (i) reside with his parents or in a foster home;
| 15 |
| (ii) attend school;
| 16 |
| (iii) attend a non-residential program for youth;
| 17 |
| (iv) contribute to his own support at home or in a | 18 |
| foster home; or
| 19 |
| (v) with the consent of the superintendent of the
| 20 |
| facility, attend an educational program at a facility | 21 |
| other than the school
in which the
offense was | 22 |
| committed if he
or she is placed on supervision for a | 23 |
| crime of violence as
defined in
Section 2 of the Crime | 24 |
| Victims Compensation Act committed in a school, on the
| 25 |
| real
property
comprising a school, or within 1,000 feet | 26 |
| of the real property comprising a
school;
| 27 |
| (9) make restitution or reparation in an amount not to | 28 |
| exceed actual
loss or damage to property and pecuniary loss | 29 |
| or make restitution under Section
5-5-6 to a domestic | 30 |
| violence shelter. The court shall
determine the amount and | 31 |
| conditions of payment;
| 32 |
| (10) perform some reasonable public or community | 33 |
| service;
| 34 |
| (11) comply with the terms and conditions of an order |
|
|
|
09400HB0481sam003 |
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LRB094 06385 RLC 49780 a |
|
| 1 |
| of protection
issued by the court pursuant to the Illinois | 2 |
| Domestic Violence Act of 1986 or
an order of protection | 3 |
| issued by the court of another state, tribe, or United
| 4 |
| States territory.
If the court has ordered the defendant to | 5 |
| make a report and appear in
person under paragraph (1) of | 6 |
| this subsection, a copy of the order of
protection shall be | 7 |
| transmitted to the person or agency so designated
by the | 8 |
| court;
| 9 |
| (12) reimburse any "local anti-crime program" as | 10 |
| defined in Section 7 of
the Anti-Crime Advisory Council Act | 11 |
| for any reasonable expenses incurred by the
program on the | 12 |
| offender's case, not to exceed the maximum amount of the
| 13 |
| fine authorized for the offense for which the defendant was | 14 |
| sentenced;
| 15 |
| (13) contribute a reasonable sum of money, not to
| 16 |
| exceed the maximum amount of the fine authorized for the | 17 |
| offense for which
the defendant was sentenced, to a "local | 18 |
| anti-crime program", as defined
in Section 7 of the | 19 |
| Anti-Crime Advisory Council Act;
| 20 |
| (14) refrain from entering into a designated | 21 |
| geographic area except
upon such terms as the court finds | 22 |
| appropriate. Such terms may include
consideration of the | 23 |
| purpose of the entry, the time of day, other persons
| 24 |
| accompanying the defendant, and advance approval by a | 25 |
| probation officer;
| 26 |
| (15) refrain from having any contact, directly or | 27 |
| indirectly, with
certain specified persons or particular | 28 |
| types of person, including but not
limited to members of | 29 |
| street gangs and drug users or dealers;
| 30 |
| (16) refrain from having in his or her body the | 31 |
| presence of any illicit
drug prohibited by the Cannabis | 32 |
| Control Act, the Illinois Controlled
Substances Act, or the | 33 |
| Methamphetamine Control and Community Protection Act, | 34 |
| unless prescribed by a physician, and submit samples of
his |
|
|
|
09400HB0481sam003 |
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LRB094 06385 RLC 49780 a |
|
| 1 |
| or her blood or urine or both for tests to determine the | 2 |
| presence of any
illicit drug;
| 3 |
| (17) refrain from operating any motor vehicle not | 4 |
| equipped with an
ignition interlock device as defined in | 5 |
| Section 1-129.1 of the Illinois
Vehicle Code. Under this | 6 |
| condition the court may allow a defendant who is not
| 7 |
| self-employed to operate a vehicle owned by the defendant's | 8 |
| employer that is
not equipped with an ignition interlock | 9 |
| device in the course and scope of the
defendant's | 10 |
| employment; and
| 11 |
| (18) if placed on supervision for a sex offense as | 12 |
| defined in subsection (a-5) of Section 3-1-2 of this Code, | 13 |
| unless the offender is a parent or guardian of the person | 14 |
| under 18 years of age present in the home and no | 15 |
| non-familial minors are present, not participate in a | 16 |
| holiday event involving
children
under 18 years of age, | 17 |
| such as distributing candy or other items to children on
| 18 |
| Halloween,
wearing a Santa Claus costume on or preceding | 19 |
| Christmas, being employed as a
department store Santa | 20 |
| Claus, or wearing an Easter Bunny costume on or
preceding
| 21 |
| Easter. | 22 |
| (d) The court shall defer entering any judgment on the | 23 |
| charges
until the conclusion of the supervision.
| 24 |
| (e) At the conclusion of the period of supervision, if the | 25 |
| court
determines that the defendant has successfully complied | 26 |
| with all of the
conditions of supervision, the court shall | 27 |
| discharge the defendant and
enter a judgment dismissing the | 28 |
| charges.
| 29 |
| (f) Discharge and dismissal upon a successful conclusion of | 30 |
| a
disposition of supervision shall be deemed without | 31 |
| adjudication of guilt
and shall not be termed a conviction for | 32 |
| purposes of disqualification or
disabilities imposed by law | 33 |
| upon conviction of a crime. Two years after the
discharge and | 34 |
| dismissal under this Section, unless the disposition of
|
|
|
|
09400HB0481sam003 |
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LRB094 06385 RLC 49780 a |
|
| 1 |
| supervision was for a violation of Sections 3-707, 3-708, | 2 |
| 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a | 3 |
| similar
provision of a local ordinance, or for a violation of | 4 |
| Sections 12-3.2
or 16A-3 of the Criminal Code of 1961, in which | 5 |
| case it shall be 5
years after discharge and dismissal, a | 6 |
| person may have his record
of arrest sealed or expunged as may | 7 |
| be provided by law. However, any
defendant placed on | 8 |
| supervision before January 1, 1980, may move for
sealing or | 9 |
| expungement of his arrest record, as provided by law, at any
| 10 |
| time after discharge and dismissal under this Section.
A person | 11 |
| placed on supervision for a sexual offense committed against a | 12 |
| minor
as defined in subsection (g) of Section 5 of the Criminal | 13 |
| Identification Act
or for a violation of Section 11-501 of the | 14 |
| Illinois Vehicle Code or a
similar provision of a local | 15 |
| ordinance
shall not have his or her record of arrest sealed or | 16 |
| expunged.
| 17 |
| (g) A defendant placed on supervision and who during the | 18 |
| period of
supervision undergoes mandatory drug or alcohol | 19 |
| testing, or both, or is
assigned to be placed on an approved | 20 |
| electronic monitoring device, shall be
ordered to pay the costs | 21 |
| incidental to such mandatory drug or alcohol
testing, or both, | 22 |
| and costs incidental to such approved electronic
monitoring in | 23 |
| accordance with the defendant's ability to pay those costs.
The | 24 |
| county board with the concurrence of the Chief Judge of the | 25 |
| judicial
circuit in which the county is located shall establish | 26 |
| reasonable fees for
the cost of maintenance, testing, and | 27 |
| incidental expenses related to the
mandatory drug or alcohol | 28 |
| testing, or both, and all costs incidental to
approved | 29 |
| electronic monitoring, of all defendants placed on | 30 |
| supervision.
The concurrence of the Chief Judge shall be in the | 31 |
| form of an
administrative order.
The fees shall be collected by | 32 |
| the clerk of the circuit court. The clerk of
the circuit court | 33 |
| shall pay all moneys collected from these fees to the county
| 34 |
| treasurer who shall use the moneys collected to defray the |
|
|
|
09400HB0481sam003 |
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LRB094 06385 RLC 49780 a |
|
| 1 |
| costs of
drug testing, alcohol testing, and electronic | 2 |
| monitoring.
The county treasurer shall deposit the fees | 3 |
| collected in the
county working cash fund under Section 6-27001 | 4 |
| or Section 6-29002 of the
Counties Code, as the case may be.
| 5 |
| (h) A disposition of supervision is a final order for the | 6 |
| purposes
of appeal.
| 7 |
| (i) The court shall impose upon a defendant placed on | 8 |
| supervision
after January 1, 1992 or to community service under | 9 |
| the supervision of a
probation or court services department | 10 |
| after January 1, 2004, as a condition
of supervision or | 11 |
| supervised community service, a fee of $50 for
each month of | 12 |
| supervision or supervised community service ordered by the
| 13 |
| court, unless after
determining the inability of the person | 14 |
| placed on supervision or supervised
community service to pay | 15 |
| the
fee, the court assesses a lesser fee. The court may not | 16 |
| impose the fee on a
minor who is made a ward of the State under | 17 |
| the Juvenile Court Act of 1987
while the minor is in placement.
| 18 |
| The fee shall be imposed only upon a
defendant who is actively | 19 |
| supervised by the
probation and court services
department. The | 20 |
| fee shall be collected by the clerk of the circuit court.
The | 21 |
| clerk of the circuit court shall pay all monies collected from | 22 |
| this fee
to the county treasurer for deposit in the probation | 23 |
| and court services
fund pursuant to Section 15.1 of the | 24 |
| Probation and
Probation Officers Act.
| 25 |
| A circuit court may not impose a probation fee in excess of | 26 |
| $25
per month unless: (1) the circuit court has adopted, by | 27 |
| administrative
order issued by the chief judge, a standard | 28 |
| probation fee guide
determining an offender's ability to pay, | 29 |
| under guidelines developed by
the Administrative
Office of the | 30 |
| Illinois Courts; and (2) the circuit court has authorized, by
| 31 |
| administrative order issued by the chief judge, the creation of | 32 |
| a Crime
Victim's Services Fund, to be administered by the Chief | 33 |
| Judge or his or
her designee, for services to crime victims and | 34 |
| their families. Of the
amount collected as a probation fee, not |
|
|
|
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LRB094 06385 RLC 49780 a |
|
| 1 |
| to exceed $5 of that fee
collected per month may be used to | 2 |
| provide services to crime victims
and their families.
| 3 |
| (j) All fines and costs imposed under this Section for any
| 4 |
| violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle | 5 |
| Code, or a
similar provision of a local ordinance, and any | 6 |
| violation of the Child
Passenger Protection Act, or a similar | 7 |
| provision of a local ordinance, shall
be collected and | 8 |
| disbursed by the circuit clerk as provided under Section
27.5 | 9 |
| of the Clerks of Courts Act.
| 10 |
| (k) A defendant at least 17 years of age who is placed on | 11 |
| supervision
for a misdemeanor in a county of 3,000,000 or more | 12 |
| inhabitants
and who has not been previously convicted of a | 13 |
| misdemeanor or felony
may as a condition of his or her | 14 |
| supervision be required by the court to
attend educational | 15 |
| courses designed to prepare the defendant for a high school
| 16 |
| diploma and to work toward a high school diploma or to work | 17 |
| toward passing the
high school level Test of General | 18 |
| Educational Development (GED) or to work
toward completing a | 19 |
| vocational training program approved by the court. The
| 20 |
| defendant placed on supervision must attend a public | 21 |
| institution of education
to obtain the educational or | 22 |
| vocational training required by this subsection
(k). The | 23 |
| defendant placed on supervision shall be required to pay for | 24 |
| the cost
of the educational courses or GED test, if a fee is | 25 |
| charged for those courses
or test. The court shall revoke the | 26 |
| supervision of a person who wilfully fails
to comply with this | 27 |
| subsection (k). The court shall resentence the defendant
upon | 28 |
| revocation of supervision as provided in Section 5-6-4. This | 29 |
| subsection
(k) does not apply to a defendant who has a high | 30 |
| school diploma or has
successfully passed the GED test. This | 31 |
| subsection (k) does not apply to a
defendant who is determined | 32 |
| by the court to be developmentally disabled or
otherwise | 33 |
| mentally incapable of completing the
educational or vocational | 34 |
| program.
|
|
|
|
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LRB094 06385 RLC 49780 a |
|
| 1 |
| (l) The court shall require a defendant placed on | 2 |
| supervision for
possession of a substance
prohibited by the | 3 |
| Cannabis Control Act, the Illinois Controlled Substances Act, | 4 |
| or the Methamphetamine Control and Community Protection Act
| 5 |
| after a previous conviction or disposition of supervision for | 6 |
| possession of a
substance prohibited by the Cannabis Control | 7 |
| Act, the Illinois Controlled
Substances Act, or the | 8 |
| Methamphetamine Control and Community Protection Act or a | 9 |
| sentence of probation under Section 10 of the Cannabis
Control | 10 |
| Act or Section 410 of the Illinois Controlled Substances Act
| 11 |
| and after a finding by the court that the person is addicted, | 12 |
| to undergo
treatment at a substance abuse program approved by | 13 |
| the court.
| 14 |
| (m) The Secretary of State shall require anyone placed on | 15 |
| court supervision
for a
violation of Section 3-707 of the | 16 |
| Illinois Vehicle Code or a similar provision
of a local | 17 |
| ordinance
to give proof of his or her financial
responsibility | 18 |
| as
defined in Section 7-315 of the Illinois Vehicle Code. The | 19 |
| proof shall be
maintained by the individual in a manner | 20 |
| satisfactory to the Secretary of State
for
a
minimum period of | 21 |
| one year after the date the proof is first filed.
The proof | 22 |
| shall be limited to a single action per arrest and may not be
| 23 |
| affected by any post-sentence disposition. The Secretary of | 24 |
| State shall
suspend the driver's license of any person
| 25 |
| determined by the Secretary to be in violation of this | 26 |
| subsection. | 27 |
| (n) Any offender placed on supervision for any offense that | 28 |
| the court or probation department has determined to be sexually | 29 |
| motivated as defined in the Sex Offender Management Board Act | 30 |
| shall be required to refrain from any contact, directly or | 31 |
| indirectly, with any persons specified by the court and shall | 32 |
| be available for all evaluations and treatment programs | 33 |
| required by the court or the probation department.
| 34 |
| (o) An offender placed on supervision for a sex offense as |
|
|
|
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LRB094 06385 RLC 49780 a |
|
| 1 |
| defined in the Sex Offender
Management Board Act shall refrain | 2 |
| from residing at the same address or in the same condominium | 3 |
| unit or apartment unit or in the same condominium complex or | 4 |
| apartment complex with another person he or she knows or | 5 |
| reasonably should know is a convicted sex offender or has been | 6 |
| placed on supervision for a sex offense. The provisions of this | 7 |
| subsection (o) do not apply to a person convicted of a sex | 8 |
| offense who is placed in a Department of Corrections licensed | 9 |
| transitional housing facility for sex offenders. | 10 |
| (Source: P.A. 93-475, eff. 8-8-03; 93-970, eff. 8-20-04; | 11 |
| 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; 94-556, eff. | 12 |
| 9-11-05; revised 8-19-05.)
| 13 |
| Section 10. The Private Correctional Facility Moratorium | 14 |
| Act is amended by changing Section 3 as follows:
| 15 |
| (730 ILCS 140/3) (from Ch. 38, par. 1583)
| 16 |
| Sec. 3. Certain contracts prohibited. After the effective | 17 |
| date of
this Act, the State shall not contract with a private | 18 |
| contractor or private
vendor for the provision of services | 19 |
| relating to the operation of a
correctional facility or the | 20 |
| incarceration of persons in the custody of the
Department of | 21 |
| Corrections; however, this Act does not apply to (1) State
work
| 22 |
| release centers or juvenile residential facilities that | 23 |
| provide separate care
or special treatment operated in whole or | 24 |
| part by private contractors , (2) residential facilities for | 25 |
| individuals under the supervision of the Illinois Department of | 26 |
| Corrections Parole Division, or
(3)
(2)
contracts for ancillary | 27 |
| services, including medical services, educational
services, | 28 |
| repair and maintenance contracts, or other services not | 29 |
| directly
related to the ownership, management or operation of | 30 |
| security services in a
correctional facility.
| 31 |
| (Source: P.A. 88-680, eff. 1-1-95 .)".
|
|