Full Text of HB1439 95th General Assembly
HB1439 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1439
Introduced 2/21/2007, by Rep. Maria Antonia Berrios SYNOPSIS AS INTRODUCED: |
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730 ILCS 5/5-6-3.1 |
from Ch. 38, par. 1005-6-3.1 |
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Amends the Unified Code of Corrections. Provides that a person placed on
court
supervision for driving an uninsured vehicle must maintain proof of financial
responsibility, in a manner satisfactory to the Secretary of State, for a
period
of at least
3 years (rather than one year) after the date the proof is first filed.
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A BILL FOR
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HB1439 |
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LRB095 10757 RLC 30999 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, | 3 |
| represented in the General Assembly:
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| Section 5. The Unified Code of Corrections is amended by | 5 |
| changing
Section 5-6-3.1 as follows:
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| (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
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| Sec. 5-6-3.1. Incidents and Conditions of Supervision.
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| (a) When a defendant is placed on supervision, the court | 9 |
| shall enter
an order for supervision specifying the period of | 10 |
| such supervision, and
shall defer further proceedings in the | 11 |
| case until the conclusion of the
period.
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| (b) The period of supervision shall be reasonable under all | 13 |
| of the
circumstances of the case, but may not be longer than 2 | 14 |
| years, unless the
defendant has failed to pay the assessment | 15 |
| required by Section 10.3 of the
Cannabis Control Act,
Section | 16 |
| 411.2 of the Illinois Controlled
Substances Act, or Section 80 | 17 |
| of the Methamphetamine Control and Community Protection Act, in | 18 |
| which case the court may extend supervision beyond 2 years.
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| Additionally, the court shall order the defendant to perform no | 20 |
| less than 30
hours of community service and not more than 120 | 21 |
| hours of community service, if
community service is available | 22 |
| in the
jurisdiction and is funded and approved by the county | 23 |
| board where the offense
was committed,
when the offense (1) was
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| related to or in furtherance of the criminal activities of an | 2 |
| organized gang or
was motivated by the defendant's membership | 3 |
| in or allegiance to an organized
gang; or (2) is a violation of | 4 |
| any Section of Article 24 of the Criminal
Code of 1961 where a | 5 |
| disposition of supervision is not prohibited by Section
5-6-1 | 6 |
| of this Code.
The
community service shall include, but not be | 7 |
| limited to, the cleanup and repair
of any damage caused by | 8 |
| violation of Section 21-1.3 of the Criminal Code of
1961 and | 9 |
| similar damages to property located within the municipality or | 10 |
| county
in which the violation occurred. Where possible and | 11 |
| reasonable, the community
service should be performed in the | 12 |
| offender's neighborhood.
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| For the purposes of this
Section, "organized gang" has the | 14 |
| meaning ascribed to it in Section 10 of the
Illinois Streetgang | 15 |
| Terrorism Omnibus Prevention Act.
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| (c) The court may in addition to other reasonable | 17 |
| conditions
relating to the nature of the offense or the | 18 |
| rehabilitation of the
defendant as determined for each | 19 |
| defendant in the proper discretion of
the court require that | 20 |
| the person:
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| (1) make a report to and appear in person before or | 22 |
| participate with
the court or such courts, person, or | 23 |
| social service agency as directed
by the court in the order | 24 |
| of supervision;
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| (2) pay a fine and costs;
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| (3) work or pursue a course of study or vocational |
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| training;
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| (4) undergo medical, psychological or psychiatric | 3 |
| treatment; or
treatment for drug addiction or alcoholism;
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| (5) attend or reside in a facility established for the | 5 |
| instruction
or residence of defendants on probation;
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| (6) support his dependents;
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| (7) refrain from possessing a firearm or other | 8 |
| dangerous weapon;
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| (8) and 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;
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| (iv) contribute to his own support at home or in a | 14 |
| foster home; or
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| (v) with the consent of the superintendent of the
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| facility, attend an educational program at a facility | 17 |
| other than the school
in which the
offense was | 18 |
| committed if he
or she is placed on supervision for a | 19 |
| crime of violence as
defined in
Section 2 of the Crime | 20 |
| Victims Compensation Act committed in a school, on the
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| real
property
comprising a school, or within 1,000 feet | 22 |
| of the real property comprising a
school;
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| (9) make restitution or reparation in an amount not to | 24 |
| exceed actual
loss or damage to property and pecuniary loss | 25 |
| or make restitution under Section
5-5-6 to a domestic | 26 |
| violence shelter. The court shall
determine the amount and |
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| conditions of payment;
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| (10) perform some reasonable public or community | 3 |
| service;
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| (11) comply with the terms and conditions of an order | 5 |
| of protection
issued by the court pursuant to the Illinois | 6 |
| Domestic Violence Act of 1986 or
an order of protection | 7 |
| issued by the court of another state, tribe, or United
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| States territory.
If the court has ordered the defendant to | 9 |
| make a report and appear in
person under paragraph (1) of | 10 |
| this subsection, a copy of the order of
protection shall be | 11 |
| transmitted to the person or agency so designated
by the | 12 |
| court;
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| (12) reimburse any "local anti-crime program" as | 14 |
| defined in Section 7 of
the Anti-Crime Advisory Council Act | 15 |
| for any reasonable expenses incurred by the
program on the | 16 |
| offender's case, not to exceed the maximum amount of the
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| fine authorized for the offense for which the defendant was | 18 |
| sentenced;
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| (13) contribute a reasonable sum of money, not to
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| exceed the maximum amount of the fine authorized for the | 21 |
| offense for which
the defendant was sentenced, to a "local | 22 |
| anti-crime program", as defined
in Section 7 of the | 23 |
| Anti-Crime Advisory Council Act;
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| (14) refrain from entering into a designated | 25 |
| geographic area except
upon such terms as the court finds | 26 |
| appropriate. Such terms may include
consideration of the |
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| purpose of the entry, the time of day, other persons
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| accompanying the defendant, and advance approval by a | 3 |
| probation officer;
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| (15) refrain from having any contact, directly or | 5 |
| indirectly, with
certain specified persons or particular | 6 |
| types of person, including but not
limited to members of | 7 |
| street gangs and drug users or dealers;
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| (16) refrain from having in his or her body the | 9 |
| presence of any illicit
drug prohibited by the Cannabis | 10 |
| Control Act, the Illinois Controlled
Substances Act, or the | 11 |
| Methamphetamine Control and Community Protection Act, | 12 |
| unless prescribed by a physician, and submit samples of
his | 13 |
| or her blood or urine or both for tests to determine the | 14 |
| presence of any
illicit drug;
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| (17) refrain from operating any motor vehicle not | 16 |
| equipped with an
ignition interlock device as defined in | 17 |
| Section 1-129.1 of the Illinois
Vehicle Code. Under this | 18 |
| condition the court may allow a defendant who is not
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| self-employed to operate a vehicle owned by the defendant's | 20 |
| employer that is
not equipped with an ignition interlock | 21 |
| device in the course and scope of the
defendant's | 22 |
| employment; and
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| (18) if placed on supervision for a sex offense as | 24 |
| defined in subsection (a-5) of Section 3-1-2 of this Code, | 25 |
| unless the offender is a parent or guardian of the person | 26 |
| under 18 years of age present in the home and no |
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| non-familial minors are present, not participate in a | 2 |
| holiday event involving
children
under 18 years of age, | 3 |
| such as distributing candy or other items to children on
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| Halloween,
wearing a Santa Claus costume on or preceding | 5 |
| Christmas, being employed as a
department store Santa | 6 |
| Claus, or wearing an Easter Bunny costume on or
preceding
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| Easter. | 8 |
| (d) The court shall defer entering any judgment on the | 9 |
| charges
until the conclusion of the supervision.
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| (e) At the conclusion of the period of supervision, if the | 11 |
| court
determines that the defendant has successfully complied | 12 |
| with all of the
conditions of supervision, the court shall | 13 |
| discharge the defendant and
enter a judgment dismissing the | 14 |
| charges.
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| (f) Discharge and dismissal upon a successful conclusion of | 16 |
| a
disposition of supervision shall be deemed without | 17 |
| adjudication of guilt
and shall not be termed a conviction for | 18 |
| purposes of disqualification or
disabilities imposed by law | 19 |
| upon conviction of a crime. Two years after the
discharge and | 20 |
| dismissal under this Section, unless the disposition of
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| supervision was for a violation of Sections 3-707, 3-708, | 22 |
| 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a | 23 |
| similar
provision of a local ordinance, or for a violation of | 24 |
| Sections 12-3.2
or 16A-3 of the Criminal Code of 1961, in which | 25 |
| case it shall be 5
years after discharge and dismissal, a | 26 |
| person may have his record
of arrest sealed or expunged as may |
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| be provided by law. However, any
defendant placed on | 2 |
| supervision before January 1, 1980, may move for
sealing or | 3 |
| expungement of his arrest record, as provided by law, at any
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| time after discharge and dismissal under this Section.
A person | 5 |
| placed on supervision for a sexual offense committed against a | 6 |
| minor
as defined in subsection (g) of Section 5 of the Criminal | 7 |
| Identification Act
or for a violation of Section 11-501 of the | 8 |
| Illinois Vehicle Code or a
similar provision of a local | 9 |
| ordinance
shall not have his or her record of arrest sealed or | 10 |
| expunged.
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| (g) A defendant placed on supervision and who during the | 12 |
| period of
supervision undergoes mandatory drug or alcohol | 13 |
| testing, or both, or is
assigned to be placed on an approved | 14 |
| electronic monitoring device, shall be
ordered to pay the costs | 15 |
| incidental to such mandatory drug or alcohol
testing, or both, | 16 |
| and costs incidental to such approved electronic
monitoring in | 17 |
| accordance with the defendant's ability to pay those costs.
The | 18 |
| county board with the concurrence of the Chief Judge of the | 19 |
| judicial
circuit in which the county is located shall establish | 20 |
| reasonable fees for
the cost of maintenance, testing, and | 21 |
| incidental expenses related to the
mandatory drug or alcohol | 22 |
| testing, or both, and all costs incidental to
approved | 23 |
| electronic monitoring, of all defendants placed on | 24 |
| supervision.
The concurrence of the Chief Judge shall be in the | 25 |
| form of an
administrative order.
The fees shall be collected by | 26 |
| the clerk of the circuit court. The clerk of
the circuit court |
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| shall pay all moneys collected from these fees to the county
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| treasurer who shall use the moneys collected to defray the | 3 |
| costs of
drug testing, alcohol testing, and electronic | 4 |
| monitoring.
The county treasurer shall deposit the fees | 5 |
| collected in the
county working cash fund under Section 6-27001 | 6 |
| or Section 6-29002 of the
Counties Code, as the case may be.
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| (h) A disposition of supervision is a final order for the | 8 |
| purposes
of appeal.
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| (i) The court shall impose upon a defendant placed on | 10 |
| supervision
after January 1, 1992 or to community service under | 11 |
| the supervision of a
probation or court services department | 12 |
| after January 1, 2004, as a condition
of supervision or | 13 |
| supervised community service, a fee of $50 for
each month of | 14 |
| supervision or supervised community service ordered by the
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| court, unless after
determining the inability of the person | 16 |
| placed on supervision or supervised
community service to pay | 17 |
| the
fee, the court assesses a lesser fee. The court may not | 18 |
| impose the fee on a
minor who is made a ward of the State under | 19 |
| the Juvenile Court Act of 1987
while the minor is in placement.
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| The fee shall be imposed only upon a
defendant who is actively | 21 |
| supervised by the
probation and court services
department. The | 22 |
| fee shall be collected by the clerk of the circuit court.
The | 23 |
| clerk of the circuit court shall pay all monies collected from | 24 |
| this fee
to the county treasurer for deposit in the probation | 25 |
| and court services
fund pursuant to Section 15.1 of the | 26 |
| Probation and
Probation Officers Act.
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| A circuit court may not impose a probation fee in excess of | 2 |
| $25
per month unless: (1) the circuit court has adopted, by | 3 |
| administrative
order issued by the chief judge, a standard | 4 |
| probation fee guide
determining an offender's ability to pay, | 5 |
| under guidelines developed by
the Administrative
Office of the | 6 |
| Illinois Courts; and (2) the circuit court has authorized, by
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| administrative order issued by the chief judge, the creation of | 8 |
| a Crime
Victim's Services Fund, to be administered by the Chief | 9 |
| Judge or his or
her designee, for services to crime victims and | 10 |
| their families. Of the
amount collected as a probation fee, not | 11 |
| to exceed $5 of that fee
collected per month may be used to | 12 |
| provide services to crime victims
and their families.
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| (j) All fines and costs imposed under this Section for any
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| violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle | 15 |
| Code, or a
similar provision of a local ordinance, and any | 16 |
| violation of the Child
Passenger Protection Act, or a similar | 17 |
| provision of a local ordinance, shall
be collected and | 18 |
| disbursed by the circuit clerk as provided under Section
27.5 | 19 |
| of the Clerks of Courts Act.
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| (k) A defendant at least 17 years of age who is placed on | 21 |
| supervision
for a misdemeanor in a county of 3,000,000 or more | 22 |
| inhabitants
and who has not been previously convicted of a | 23 |
| misdemeanor or felony
may as a condition of his or her | 24 |
| supervision be required by the court to
attend educational | 25 |
| courses designed to prepare the defendant for a high school
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| diploma and to work toward a high school diploma or to work |
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| toward passing the
high school level Test of General | 2 |
| Educational Development (GED) or to work
toward completing a | 3 |
| vocational training program approved by the court. The
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| defendant placed on supervision must attend a public | 5 |
| institution of education
to obtain the educational or | 6 |
| vocational training required by this subsection
(k). The | 7 |
| defendant placed on supervision shall be required to pay for | 8 |
| the cost
of the educational courses or GED test, if a fee is | 9 |
| charged for those courses
or test. The court shall revoke the | 10 |
| supervision of a person who wilfully fails
to comply with this | 11 |
| subsection (k). The court shall resentence the defendant
upon | 12 |
| revocation of supervision as provided in Section 5-6-4. This | 13 |
| subsection
(k) does not apply to a defendant who has a high | 14 |
| school diploma or has
successfully passed the GED test. This | 15 |
| subsection (k) does not apply to a
defendant who is determined | 16 |
| by the court to be developmentally disabled or
otherwise | 17 |
| mentally incapable of completing the
educational or vocational | 18 |
| program.
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| (l) The court shall require a defendant placed on | 20 |
| supervision for
possession of a substance
prohibited by the | 21 |
| Cannabis Control Act, the Illinois Controlled Substances Act, | 22 |
| or the Methamphetamine Control and Community Protection Act
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| after a previous conviction or disposition of supervision for | 24 |
| possession of a
substance prohibited by the Cannabis Control | 25 |
| Act, the Illinois Controlled
Substances Act, or the | 26 |
| Methamphetamine Control and Community Protection Act or a |
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| sentence of probation under Section 10 of the Cannabis
Control | 2 |
| Act or Section 410 of the Illinois Controlled Substances Act
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| and after a finding by the court that the person is addicted, | 4 |
| to undergo
treatment at a substance abuse program approved by | 5 |
| the court.
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| (m) The Secretary of State shall require anyone placed on | 7 |
| court supervision
for a
violation of Section 3-707 of the | 8 |
| Illinois Vehicle Code or a similar provision
of a local | 9 |
| ordinance
to give proof of his or her financial
responsibility | 10 |
| as
defined in Section 7-315 of the Illinois Vehicle Code. The | 11 |
| proof shall be
maintained by the individual in a manner | 12 |
| satisfactory to the Secretary of State
for
a
minimum period of | 13 |
| 3 years
one year after the date the proof is first filed.
The | 14 |
| proof shall be limited to a single action per arrest and may | 15 |
| not be
affected by any post-sentence disposition. The Secretary | 16 |
| of State shall
suspend the driver's license of any person
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| determined by the Secretary to be in violation of this | 18 |
| subsection. | 19 |
| (n) Any offender placed on supervision for any offense that | 20 |
| the court or probation department has determined to be sexually | 21 |
| motivated as defined in the Sex Offender Management Board Act | 22 |
| shall be required to refrain from any contact, directly or | 23 |
| indirectly, with any persons specified by the court and shall | 24 |
| be available for all evaluations and treatment programs | 25 |
| required by the court or the probation department.
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| (o) An offender placed on supervision for a sex offense as |
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| 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.)
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