Full Text of HB3714 96th General Assembly
HB3714enr 96TH GENERAL ASSEMBLY
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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 Section 5-6-3 as follows: | 6 |
| (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) | 7 |
| (Text of Section before amendment by P.A. 95-983 )
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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 where the offense is a felony or, if a | 18 |
| misdemeanor, the offense involved the intentional or | 19 |
| knowing infliction of bodily harm or threat of bodily harm ;
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| (4) not leave the State without the consent of the | 21 |
| court or, in
circumstances in which the reason for the | 22 |
| absence is of such an emergency
nature that prior consent | 23 |
| by the court is not possible, without the prior
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| notification and approval of the person's probation
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| officer. Transfer of a person's probation or conditional | 3 |
| discharge
supervision to another state is subject to | 4 |
| acceptance by the other state
pursuant to the Interstate | 5 |
| Compact for Adult Offender Supervision;
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| (5) permit the probation officer to visit
him at his | 7 |
| home or elsewhere
to the extent necessary to discharge his | 8 |
| duties;
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| (6) perform no less than 30 hours of community service | 10 |
| and not more than
120 hours of community service, if | 11 |
| community service is available in the
jurisdiction and is | 12 |
| funded and approved by the county board where the offense
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| was committed, where the offense was related to or in | 14 |
| furtherance of the
criminal activities of an organized gang | 15 |
| and was motivated by the offender's
membership in or | 16 |
| allegiance to an organized gang. The community service | 17 |
| shall
include, but not be limited to, the cleanup and | 18 |
| repair of any damage caused by
a violation of Section | 19 |
| 21-1.3 of the Criminal Code of 1961 and similar damage
to | 20 |
| property located within the municipality or county in which | 21 |
| the violation
occurred. When possible and reasonable, the | 22 |
| community service should be
performed in the offender's | 23 |
| neighborhood. For purposes of this Section,
"organized | 24 |
| gang" has the meaning ascribed to it in Section 10 of the | 25 |
| Illinois
Streetgang Terrorism Omnibus Prevention Act;
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| (7) if he or she is at least 17 years of age and has |
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| been sentenced to
probation or conditional discharge for a | 2 |
| misdemeanor or felony in a county of
3,000,000 or more | 3 |
| inhabitants and has not been previously convicted of a
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| misdemeanor or felony, may be required by the sentencing | 5 |
| court to attend
educational courses designed to prepare the | 6 |
| defendant for a high school diploma
and to work toward a | 7 |
| high school diploma or to work toward passing the high
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| school level Test of General Educational Development (GED) | 9 |
| or to work toward
completing a vocational training program | 10 |
| approved by the court. The person on
probation or | 11 |
| conditional discharge must attend a public institution of
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| education to obtain the educational or vocational training | 13 |
| required by this
clause (7). The court shall revoke the | 14 |
| probation or conditional discharge of a
person who wilfully | 15 |
| fails to comply with this clause (7). The person on
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| probation or conditional discharge shall be required to pay | 17 |
| for the cost of the
educational courses or GED test, if a | 18 |
| fee is charged for those courses or
test. The court shall | 19 |
| resentence the offender whose probation or conditional
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| discharge has been revoked as provided in Section 5-6-4. | 21 |
| This clause (7) does
not apply to a person who has a high | 22 |
| school diploma or has successfully passed
the GED test. | 23 |
| This clause (7) does not apply to a person who is | 24 |
| determined by
the court to be developmentally disabled or | 25 |
| otherwise mentally incapable of
completing the educational | 26 |
| or vocational program;
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| (8) if convicted of possession of a substance | 2 |
| prohibited
by the Cannabis Control Act, the Illinois | 3 |
| Controlled Substances Act, or the Methamphetamine Control | 4 |
| and Community Protection Act
after a previous conviction or | 5 |
| disposition of supervision for possession of a
substance | 6 |
| prohibited by the Cannabis Control Act or Illinois | 7 |
| Controlled
Substances Act or after a sentence of probation | 8 |
| under Section 10 of the
Cannabis
Control Act, Section 410 | 9 |
| of the Illinois Controlled Substances Act, or Section 70 of | 10 |
| the Methamphetamine Control and Community Protection Act | 11 |
| and upon a
finding by the court that the person is | 12 |
| addicted, undergo treatment at a
substance abuse program | 13 |
| approved by the court;
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| (8.5) if convicted of a felony sex offense as defined | 15 |
| in the Sex
Offender
Management Board Act, the person shall | 16 |
| undergo and successfully complete sex
offender treatment | 17 |
| by a treatment provider approved by the Board and conducted
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| in conformance with the standards developed under the Sex
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| Offender Management Board Act;
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| (8.6) if convicted of a sex offense as defined in the | 21 |
| Sex Offender Management Board Act, refrain from residing at | 22 |
| the same address or in the same condominium unit or | 23 |
| apartment unit or in the same condominium complex or | 24 |
| apartment complex with another person he or she knows or | 25 |
| reasonably should know is a convicted sex offender or has | 26 |
| been placed on supervision for a sex offense; the |
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| provisions of this paragraph do not apply to a person | 2 |
| convicted of a sex offense who is placed in a Department of | 3 |
| Corrections licensed transitional housing facility for sex | 4 |
| offenders; | 5 |
| (8.7) if convicted for an offense committed on or after | 6 |
| the effective date of this amendatory Act of the 95th | 7 |
| General Assembly that would qualify the accused as a child | 8 |
| sex offender as defined in Section 11-9.3 or 11-9.4 of the | 9 |
| Criminal Code of 1961, refrain from communicating with or | 10 |
| contacting, by means of the Internet, a person who is not | 11 |
| related to the accused and whom the accused reasonably | 12 |
| believes to be under 18 years of age; for purposes of this | 13 |
| paragraph (8.7), "Internet" has the meaning ascribed to it | 14 |
| in Section 16J-5 of the Criminal Code of 1961; and a person | 15 |
| is not related to the accused if the person is not: (i) the | 16 |
| spouse, brother, or sister of the accused; (ii) a | 17 |
| descendant of the accused; (iii) a first or second cousin | 18 |
| of the accused; or (iv) a step-child or adopted child of | 19 |
| the accused; | 20 |
| (9) if convicted of a felony, physically surrender at a | 21 |
| time and place
designated by the court, his or her Firearm
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| Owner's Identification Card and
any and all firearms in
his | 23 |
| or her possession; and
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| (10) if convicted of a sex offense as defined in | 25 |
| subsection (a-5) of Section 3-1-2 of this Code, unless the | 26 |
| offender is a parent or guardian of the person under 18 |
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| years of age present in the home and no non-familial minors | 2 |
| are present, not participate in a holiday event involving | 3 |
| children under 18 years of age, such as distributing candy | 4 |
| or other items to children on Halloween, wearing a Santa | 5 |
| Claus costume on or preceding Christmas, being employed as | 6 |
| a department store Santa Claus, or wearing an Easter Bunny | 7 |
| costume on or preceding Easter. | 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:
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| (1) serve a term of periodic imprisonment under Article | 14 |
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period not to exceed that specified in paragraph | 15 |
| (d) of Section 5-7-1;
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| (2) pay a fine and costs;
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| (3) work or pursue a course of study or vocational | 18 |
| training;
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| (4) undergo medical, psychological or psychiatric | 20 |
| treatment; or treatment
for drug addiction or alcoholism;
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| (5) attend or reside in a facility established for the | 22 |
| instruction
or residence of defendants on probation;
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| (6) support his dependents;
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| (7) 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 | 3 |
| foster home;
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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 | 6 |
| other than the school
in which the
offense was | 7 |
| committed if he
or she is convicted of a crime of | 8 |
| violence as
defined in
Section 2 of the Crime Victims | 9 |
| Compensation Act committed in a school, on the
real
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| property
comprising a school, or within 1,000 feet of | 11 |
| the real property comprising a
school;
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| (8) make restitution as provided in Section 5-5-6 of | 13 |
| this Code;
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| (9) perform some reasonable public or community | 15 |
| service;
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| (10) serve a term of home confinement. In addition to | 17 |
| any other
applicable condition of probation or conditional | 18 |
| discharge, the
conditions of home confinement shall be that | 19 |
| the offender:
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| (i) remain within the interior premises of the | 21 |
| place designated for
his confinement during the hours | 22 |
| designated by the court;
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| (ii) admit any person or agent designated by the | 24 |
| court into the
offender's place of confinement at any | 25 |
| time for purposes of verifying
the offender's | 26 |
| compliance with the conditions of his confinement; and
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| (iii) if further deemed necessary by the court or | 2 |
| the
Probation or
Court Services Department, be placed | 3 |
| on an approved
electronic monitoring device, subject | 4 |
| to Article 8A of Chapter V;
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| (iv) for persons convicted of any alcohol, | 6 |
| cannabis or controlled
substance violation who are | 7 |
| placed on an approved monitoring device as a
condition | 8 |
| of probation or conditional discharge, the court shall | 9 |
| impose a
reasonable fee for each day of the use of the | 10 |
| device, as established by the
county board in | 11 |
| subsection (g) of this Section, unless after | 12 |
| determining the
inability of the offender to pay the | 13 |
| fee, the court assesses a lesser fee or no
fee as the | 14 |
| case may be. This fee shall be imposed in addition to | 15 |
| the fees
imposed under subsections (g) and (i) of this | 16 |
| Section. The fee shall be
collected by the clerk of the | 17 |
| circuit court. The clerk of the circuit
court shall pay | 18 |
| all monies collected from this fee to the county | 19 |
| treasurer
for deposit in the substance abuse services | 20 |
| fund under Section 5-1086.1 of
the Counties Code; and
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| (v) for persons convicted of offenses other than | 22 |
| those referenced in
clause (iv) above and 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 |
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| subsection (g) of this Section, unless after | 2 |
| determining the
inability of the defendant to pay the | 3 |
| fee, the court assesses a lesser fee or
no fee as the | 4 |
| case may be. This fee shall be imposed in addition to | 5 |
| the fees
imposed under subsections (g) and (i) of this | 6 |
| Section. The fee
shall be collected by the clerk of the | 7 |
| circuit court. The clerk of the circuit
court shall pay | 8 |
| all monies collected from this fee
to the county | 9 |
| treasurer who shall use the monies collected to defray | 10 |
| the
costs of corrections. The county treasurer shall | 11 |
| deposit the fee
collected in the county working cash | 12 |
| fund under Section 6-27001 or Section
6-29002 of the | 13 |
| Counties Code, as the case may be.
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| (11) comply with the terms and conditions of an order | 15 |
| of protection issued
by the court pursuant to the Illinois | 16 |
| Domestic Violence Act of 1986,
as now or hereafter amended, | 17 |
| or an order of protection issued by the court of
another | 18 |
| state, tribe, or United States territory. A copy of the | 19 |
| order of
protection shall be
transmitted to the probation | 20 |
| officer or agency
having responsibility for the case;
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| (12) reimburse any "local anti-crime program" as | 22 |
| defined in Section 7
of the Anti-Crime Advisory Council Act | 23 |
| for any reasonable expenses incurred
by the program on the | 24 |
| offender's case, not to exceed the maximum amount of
the | 25 |
| fine authorized for the offense for which the defendant was | 26 |
| sentenced;
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| (13) contribute a reasonable sum of money, not to | 2 |
| exceed the maximum
amount of the fine authorized for the
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| offense for which the defendant was sentenced, (i) to a | 4 |
| "local anti-crime
program", as defined in Section 7 of the | 5 |
| Anti-Crime Advisory Council Act, or (ii) for offenses under | 6 |
| the jurisdiction of the Department of Natural Resources, to | 7 |
| the fund established by the Department of Natural Resources | 8 |
| for the purchase of evidence for investigation purposes and | 9 |
| to conduct investigations as outlined in Section 805-105 of | 10 |
| the Department of Natural Resources (Conservation) Law;
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| (14) refrain from entering into a designated | 12 |
| geographic area except upon
such terms as the court finds | 13 |
| appropriate. Such terms may include
consideration of the | 14 |
| purpose of the entry, the time of day, other persons
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| accompanying the defendant, and advance approval by a
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| probation officer, if
the defendant has been placed on | 17 |
| probation or advance approval by the
court, if the | 18 |
| defendant was placed on conditional discharge;
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| (15) refrain from having any contact, directly or | 20 |
| indirectly, with
certain specified persons or particular | 21 |
| types of persons, including but not
limited to members of | 22 |
| street gangs and drug users or dealers;
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| (16) refrain from having in his or her body the | 24 |
| presence of any illicit
drug prohibited by the Cannabis | 25 |
| Control Act, the Illinois Controlled
Substances Act, or the | 26 |
| Methamphetamine Control and Community Protection Act, |
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| unless prescribed by a physician, and submit samples of
his | 2 |
| or her blood or urine or both for tests to determine the | 3 |
| presence of any
illicit drug; and
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| (17) if convicted for an offense committed on or after | 5 |
| the effective date of this amendatory Act of the 95th | 6 |
| General Assembly that would qualify the accused as a child | 7 |
| sex offender as defined in Section 11-9.3 or 11-9.4 of the | 8 |
| Criminal Code of 1961, refrain from communicating with or | 9 |
| contacting, by means of the Internet, a person who is | 10 |
| related to the accused and whom the accused reasonably | 11 |
| believes to be under 18 years of age; for purposes of this | 12 |
| paragraph (17), "Internet" has the meaning ascribed to it | 13 |
| in Section 16J-5 of the Criminal Code of 1961; and a person | 14 |
| is related to the accused if the person is: (i) the spouse, | 15 |
| brother, or sister of the accused; (ii) a descendant of the | 16 |
| accused; (iii) a first or second cousin of the accused; or | 17 |
| (iv) a step-child or adopted child of the accused ; and . | 18 |
| (18) refrain from possessing a firearm or other | 19 |
| dangerous weapon where the offense is a misdemeanor that | 20 |
| did not involve the intentional or knowing infliction of | 21 |
| bodily harm or threat of bodily harm. | 22 |
| (c) The court may as a condition of probation or of | 23 |
| conditional
discharge require that a person under 18 years of | 24 |
| age found guilty of any
alcohol, cannabis or controlled | 25 |
| substance violation, refrain from acquiring
a driver's license | 26 |
| during
the period of probation or conditional discharge. If |
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| such person
is in possession of a permit or license, the court | 2 |
| may require that
the minor refrain from driving or operating | 3 |
| any motor vehicle during the
period of probation or conditional | 4 |
| discharge, except as may be necessary in
the course of the | 5 |
| minor's lawful employment.
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| (d) An offender sentenced to probation or to conditional | 7 |
| discharge
shall be given a certificate setting forth the | 8 |
| conditions thereof.
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| (e) Except where the offender has committed a fourth or | 10 |
| subsequent
violation of subsection (c) of Section 6-303 of the | 11 |
| Illinois Vehicle Code,
the court shall not require as a | 12 |
| condition of the sentence of
probation or conditional discharge | 13 |
| that the offender be committed to a
period of imprisonment in | 14 |
| excess of 6 months.
This 6 month limit shall not include | 15 |
| periods of confinement given pursuant to
a sentence of county | 16 |
| impact incarceration under Section 5-8-1.2.
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| Persons committed to imprisonment as a condition of | 18 |
| probation or
conditional discharge shall not be committed to | 19 |
| the Department of
Corrections.
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| (f) The court may combine a sentence of periodic | 21 |
| imprisonment under
Article 7 or a sentence to a county impact | 22 |
| incarceration program under
Article 8 with a sentence of | 23 |
| probation or conditional discharge.
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| (g) An offender sentenced to probation or to conditional | 25 |
| discharge and
who during the term of either undergoes mandatory | 26 |
| drug or alcohol testing,
or both, or is assigned to be placed |
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| on an approved electronic monitoring
device, shall be ordered | 2 |
| to pay all costs incidental to such mandatory drug
or alcohol | 3 |
| testing, or both, and all costs
incidental to such approved | 4 |
| electronic monitoring in accordance with the
defendant's | 5 |
| ability to pay those costs. The county board with
the | 6 |
| concurrence of the Chief Judge of the judicial
circuit in which | 7 |
| the county is located shall establish reasonable fees for
the | 8 |
| cost of maintenance, testing, and incidental expenses related | 9 |
| to the
mandatory drug or alcohol testing, or both, and all | 10 |
| costs incidental to
approved electronic monitoring, involved | 11 |
| in a successful probation program
for the county. The | 12 |
| concurrence of the Chief Judge shall be in the form of
an | 13 |
| administrative order.
The fees shall be collected by the clerk | 14 |
| of the circuit court. The clerk of
the circuit court shall pay | 15 |
| all moneys collected from these fees to the county
treasurer | 16 |
| who shall use the moneys collected to defray the costs of
drug | 17 |
| testing, alcohol testing, and electronic monitoring.
The | 18 |
| county treasurer shall deposit the fees collected in the
county | 19 |
| working cash fund under Section 6-27001 or Section 6-29002 of | 20 |
| the
Counties Code, as the case may be.
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| (h) Jurisdiction over an offender may be transferred from | 22 |
| the
sentencing court to the court of another circuit with the | 23 |
| concurrence of
both courts. Further transfers or retransfers of
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| jurisdiction are also
authorized in the same manner. The court | 25 |
| to which jurisdiction has been
transferred shall have the same | 26 |
| powers as the sentencing court.
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| (i) The court shall impose upon an offender
sentenced to | 2 |
| probation after January 1, 1989 or to conditional discharge
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| after January 1, 1992 or to community service under the | 4 |
| supervision of a
probation or court services department after | 5 |
| January 1, 2004, as a condition of such probation or | 6 |
| conditional
discharge or supervised community service, a fee of | 7 |
| $50
for each month of probation or
conditional
discharge | 8 |
| supervision or supervised community service ordered by the | 9 |
| court, unless after
determining the inability of the person | 10 |
| sentenced to probation or conditional
discharge or supervised | 11 |
| community service to pay the
fee, the court assesses a lesser | 12 |
| fee. The court may not impose the fee on a
minor who is made a | 13 |
| ward of the State under the Juvenile Court Act of 1987
while | 14 |
| the minor is in placement.
The fee shall be imposed only upon
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| an offender who is actively supervised by the
probation and | 16 |
| court services
department. The fee shall be collected by the | 17 |
| clerk
of the circuit court. The clerk of the circuit court | 18 |
| shall pay all monies
collected from this fee to the county | 19 |
| treasurer for deposit in the
probation and court services fund | 20 |
| under Section 15.1 of the
Probation and Probation Officers Act.
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| A circuit court may not impose a probation fee under this | 22 |
| subsection (i) in excess of $25
per month unless: (1) the | 23 |
| circuit court has adopted, by administrative
order issued by | 24 |
| the chief judge, a standard probation fee guide
determining an | 25 |
| offender's ability to pay, under guidelines developed by
the | 26 |
| Administrative
Office of the Illinois Courts; and (2) the |
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| circuit court has authorized, by
administrative order issued by | 2 |
| the chief judge, the creation of a Crime
Victim's Services | 3 |
| Fund, to be administered by the Chief Judge or his or
her | 4 |
| designee, for services to crime victims and their families. Of | 5 |
| the
amount collected as a probation fee, up to $5 of that fee
| 6 |
| collected per month may be used to provide services to crime | 7 |
| victims
and their families.
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| This amendatory Act of the 93rd General Assembly deletes | 9 |
| the $10 increase in the fee under this subsection that was | 10 |
| imposed by Public Act 93-616. This deletion is intended to | 11 |
| control over any other Act of the 93rd General Assembly that | 12 |
| retains or incorporates that fee increase. | 13 |
| (i-5) In addition to the fees imposed under subsection (i) | 14 |
| of this Section, in the case of an offender convicted of a | 15 |
| felony sex offense (as defined in the Sex Offender Management | 16 |
| Board Act) or an offense that the court or probation department | 17 |
| has determined to be sexually motivated (as defined in the Sex | 18 |
| Offender Management Board Act), the court or the probation | 19 |
| department shall assess additional fees to pay for all costs of | 20 |
| treatment, assessment, evaluation for risk and treatment, and | 21 |
| monitoring the offender, based on that offender's ability to | 22 |
| pay those costs either as they occur or under a payment plan. | 23 |
| (j) All fines and costs imposed under this Section for any | 24 |
| violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | 25 |
| Code, or a similar
provision of a local ordinance, and any | 26 |
| violation of the Child Passenger
Protection Act, or a similar |
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| provision of a local ordinance, shall be
collected and | 2 |
| disbursed by the circuit clerk as provided under Section 27.5
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| of the Clerks of Courts Act.
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| (k) Any offender who is sentenced to probation or | 5 |
| conditional discharge for a felony sex offense as defined in | 6 |
| the Sex Offender Management Board Act or any offense that the | 7 |
| court or probation department has determined to be sexually | 8 |
| motivated as defined in the Sex Offender Management Board Act | 9 |
| shall be required to refrain from any contact, directly or | 10 |
| indirectly, with any persons specified by the court and shall | 11 |
| be available for all evaluations and treatment programs | 12 |
| required by the court or the probation department.
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| (l) The court may order an offender who is sentenced to | 14 |
| probation or conditional
discharge for a violation of an order | 15 |
| of protection be placed under electronic surveillance as | 16 |
| provided in Section 5-8A-7 of this Code. | 17 |
| (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; | 18 |
| 94-556, eff. 9-11-05; 95-331, eff. 8-21-07; 95-464, eff. | 19 |
| 6-1-08; 95-578, eff. 6-1-08; 95-696, eff. 6-1-08; 95-773, eff. | 20 |
| 1-1-09; 95-876, eff. 8-21-08.) | 21 |
| (Text of Section after amendment by P.A. 95-983 ) | 22 |
| Sec. 5-6-3. Conditions of Probation and of Conditional | 23 |
| Discharge.
| 24 |
| (a) The conditions of probation and of conditional | 25 |
| discharge shall be
that the person:
|
|
|
|
HB3714 Enrolled |
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LRB096 08017 RLC 18122 b |
|
| 1 |
| (1) not violate any criminal statute of any | 2 |
| jurisdiction;
| 3 |
| (2) report to or appear in person before such person or | 4 |
| agency as
directed by the court;
| 5 |
| (3) refrain from possessing a firearm or other | 6 |
| dangerous weapon where the offense is a felony or, if a | 7 |
| misdemeanor, the offense involved the intentional or | 8 |
| knowing infliction of bodily harm or threat of bodily harm ;
| 9 |
| (4) not leave the State without the consent of the | 10 |
| court or, in
circumstances in which the reason for the | 11 |
| absence is of such an emergency
nature that prior consent | 12 |
| by the court is not possible, without the prior
| 13 |
| notification and approval of the person's probation
| 14 |
| officer. Transfer of a person's probation or conditional | 15 |
| discharge
supervision to another state is subject to | 16 |
| acceptance by the other state
pursuant to the Interstate | 17 |
| Compact for Adult Offender Supervision;
| 18 |
| (5) permit the probation officer to visit
him at his | 19 |
| home or elsewhere
to the extent necessary to discharge his | 20 |
| duties;
| 21 |
| (6) perform no less than 30 hours of community service | 22 |
| and not more than
120 hours of community service, if | 23 |
| community service is available in the
jurisdiction and is | 24 |
| funded and approved by the county board where the offense
| 25 |
| was committed, where the offense was related to or in | 26 |
| furtherance of the
criminal activities of an organized gang |
|
|
|
HB3714 Enrolled |
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LRB096 08017 RLC 18122 b |
|
| 1 |
| and was motivated by the offender's
membership in or | 2 |
| allegiance to an organized gang. The community service | 3 |
| shall
include, but not be limited to, the cleanup and | 4 |
| repair of any damage caused by
a violation of Section | 5 |
| 21-1.3 of the Criminal Code of 1961 and similar damage
to | 6 |
| property located within the municipality or county in which | 7 |
| the violation
occurred. When possible and reasonable, the | 8 |
| community service should be
performed in the offender's | 9 |
| neighborhood. For purposes of this Section,
"organized | 10 |
| gang" has the meaning ascribed to it in Section 10 of the | 11 |
| Illinois
Streetgang Terrorism Omnibus Prevention Act;
| 12 |
| (7) if he or she is at least 17 years of age and has | 13 |
| been sentenced to
probation or conditional discharge for a | 14 |
| misdemeanor or felony in a county of
3,000,000 or more | 15 |
| inhabitants and has not been previously convicted of a
| 16 |
| misdemeanor or felony, may be required by the sentencing | 17 |
| court to attend
educational courses designed to prepare the | 18 |
| defendant for a high school diploma
and to work toward a | 19 |
| high school diploma or to work toward passing the high
| 20 |
| school level Test of General Educational Development (GED) | 21 |
| or to work toward
completing a vocational training program | 22 |
| approved by the court. The person on
probation or | 23 |
| conditional discharge must attend a public institution of
| 24 |
| education to obtain the educational or vocational training | 25 |
| required by this
clause (7). The court shall revoke the | 26 |
| probation or conditional discharge of a
person who wilfully |
|
|
|
HB3714 Enrolled |
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LRB096 08017 RLC 18122 b |
|
| 1 |
| fails to comply with this clause (7). The person on
| 2 |
| probation or conditional discharge shall be required to pay | 3 |
| for the cost of the
educational courses or GED test, if a | 4 |
| fee is charged for those courses or
test. The court shall | 5 |
| resentence the offender whose probation or conditional
| 6 |
| discharge has been revoked as provided in Section 5-6-4. | 7 |
| This clause (7) does
not apply to a person who has a high | 8 |
| school diploma or has successfully passed
the GED test. | 9 |
| This clause (7) does not apply to a person who is | 10 |
| determined by
the court to be developmentally disabled or | 11 |
| otherwise mentally incapable of
completing the educational | 12 |
| or vocational program;
| 13 |
| (8) if convicted of possession of a substance | 14 |
| prohibited
by the Cannabis Control Act, the Illinois | 15 |
| Controlled Substances Act, or the Methamphetamine Control | 16 |
| and Community Protection Act
after a previous conviction or | 17 |
| disposition of supervision for possession of a
substance | 18 |
| prohibited by the Cannabis Control Act or Illinois | 19 |
| Controlled
Substances Act or after a sentence of probation | 20 |
| under Section 10 of the
Cannabis
Control Act, Section 410 | 21 |
| of the Illinois Controlled Substances Act, or Section 70 of | 22 |
| the Methamphetamine Control and Community Protection Act | 23 |
| and upon a
finding by the court that the person is | 24 |
| addicted, undergo treatment at a
substance abuse program | 25 |
| approved by the court;
| 26 |
| (8.5) if convicted of a felony sex offense as defined |
|
|
|
HB3714 Enrolled |
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LRB096 08017 RLC 18122 b |
|
| 1 |
| in the Sex
Offender
Management Board Act, the person shall | 2 |
| undergo and successfully complete sex
offender treatment | 3 |
| by a treatment provider approved by the Board and conducted
| 4 |
| in conformance with the standards developed under the Sex
| 5 |
| Offender Management Board Act;
| 6 |
| (8.6) if convicted of a sex offense as defined in the | 7 |
| Sex Offender Management Board Act, refrain from residing at | 8 |
| the same address or in the same condominium unit or | 9 |
| apartment unit or in the same condominium complex or | 10 |
| apartment complex with another person he or she knows or | 11 |
| reasonably should know is a convicted sex offender or has | 12 |
| been placed on supervision for a sex offense; the | 13 |
| provisions of this paragraph do not apply to a person | 14 |
| convicted of a sex offense who is placed in a Department of | 15 |
| Corrections licensed transitional housing facility for sex | 16 |
| offenders; | 17 |
| (8.7) if convicted for an offense committed on or after | 18 |
| June 1, 2008 ( the effective date of Public Act 95-464) this | 19 |
| amendatory Act of the 95th General Assembly that would | 20 |
| qualify the accused as a child sex offender as defined in | 21 |
| Section 11-9.3 or 11-9.4 of the Criminal Code of 1961, | 22 |
| refrain from communicating with or contacting, by means of | 23 |
| the Internet, a person who is not related to the accused | 24 |
| and whom the accused reasonably believes to be under 18 | 25 |
| years of age; for purposes of this paragraph (8.7), | 26 |
| "Internet" has the meaning ascribed to it in Section 16J-5 |
|
|
|
HB3714 Enrolled |
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LRB096 08017 RLC 18122 b |
|
| 1 |
| of the Criminal Code of 1961; and a person is not related | 2 |
| to the accused if the person is not: (i) the spouse, | 3 |
| brother, or sister of the accused; (ii) a descendant of the | 4 |
| accused; (iii) a first or second cousin of the accused; or | 5 |
| (iv) a step-child or adopted child of the accused; | 6 |
| (8.8) if convicted for an offense under Section 11-6, | 7 |
| 11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal | 8 |
| Code of 1961, or any attempt to commit any of these | 9 |
| offenses, committed on or after June 1, 2009 ( the effective | 10 |
| date of Public Act 95-983) this amendatory Act of the 95th | 11 |
| General Assembly : | 12 |
| (i) not access or use a computer or any other | 13 |
| device with Internet capability without the prior | 14 |
| written approval of the offender's probation officer, | 15 |
| except in connection with the offender's employment or | 16 |
| search for employment with the prior approval of the | 17 |
| offender's probation officer; | 18 |
| (ii) submit to periodic unannounced examinations | 19 |
| of the offender's computer or any other device with | 20 |
| Internet capability by the offender's probation | 21 |
| officer, a law enforcement officer, or assigned | 22 |
| computer or information technology specialist, | 23 |
| including the retrieval and copying of all data from | 24 |
| the computer or device and any internal or external | 25 |
| peripherals and removal of such information, | 26 |
| equipment, or device to conduct a more thorough |
|
|
|
HB3714 Enrolled |
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LRB096 08017 RLC 18122 b |
|
| 1 |
| inspection; | 2 |
| (iii) submit to the installation on the offender's | 3 |
| computer or device with Internet capability, at the | 4 |
| offender's expense, of one or more hardware or software | 5 |
| systems to monitor the Internet use; and | 6 |
| (iv) submit to any other appropriate restrictions | 7 |
| concerning the offender's use of or access to a | 8 |
| computer or any other device with Internet capability | 9 |
| imposed by the offender's probation officer; | 10 |
| (9) if convicted of a felony, physically surrender at a | 11 |
| time and place
designated by the court, his or her Firearm
| 12 |
| Owner's Identification Card and
any and all firearms in
his | 13 |
| or her possession; and
| 14 |
| (10) if convicted of a sex offense as defined in | 15 |
| subsection (a-5) of Section 3-1-2 of this Code, unless the | 16 |
| offender is a parent or guardian of the person under 18 | 17 |
| years of age present in the home and no non-familial minors | 18 |
| are present, not participate in a holiday event involving | 19 |
| children under 18 years of age, such as distributing candy | 20 |
| or other items to children on Halloween, wearing a Santa | 21 |
| Claus costume on or preceding Christmas, being employed as | 22 |
| a department store Santa Claus, or wearing an Easter Bunny | 23 |
| costume on or preceding Easter. | 24 |
| (b) The Court may in addition to other reasonable | 25 |
| conditions relating to the
nature of the offense or the | 26 |
| rehabilitation of the defendant as determined for
each |
|
|
|
HB3714 Enrolled |
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LRB096 08017 RLC 18122 b |
|
| 1 |
| defendant in the proper discretion of the Court require that | 2 |
| the person:
| 3 |
| (1) serve a term of periodic imprisonment under Article | 4 |
| 7 for a
period not to exceed that specified in paragraph | 5 |
| (d) of Section 5-7-1;
| 6 |
| (2) pay a fine and costs;
| 7 |
| (3) work or pursue a course of study or vocational | 8 |
| training;
| 9 |
| (4) undergo medical, psychological or psychiatric | 10 |
| treatment; or treatment
for drug addiction or alcoholism;
| 11 |
| (5) attend or reside in a facility established for the | 12 |
| instruction
or residence of defendants on probation;
| 13 |
| (6) support his dependents;
| 14 |
| (7) and in addition, if a minor:
| 15 |
| (i) reside with his parents or in a foster home;
| 16 |
| (ii) attend school;
| 17 |
| (iii) attend a non-residential program for youth;
| 18 |
| (iv) contribute to his own support at home or in a | 19 |
| foster home;
| 20 |
| (v) with the consent of the superintendent of the
| 21 |
| facility, attend an educational program at a facility | 22 |
| other than the school
in which the
offense was | 23 |
| committed if he
or she is convicted of a crime of | 24 |
| violence as
defined in
Section 2 of the Crime Victims | 25 |
| Compensation Act committed in a school, on the
real
| 26 |
| property
comprising a school, or within 1,000 feet of |
|
|
|
HB3714 Enrolled |
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LRB096 08017 RLC 18122 b |
|
| 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 |
|
|
|
HB3714 Enrolled |
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LRB096 08017 RLC 18122 b |
|
| 1 |
| subsection (g) of this Section, unless after | 2 |
| determining the
inability of the offender to pay the | 3 |
| fee, the court assesses a lesser fee or no
fee as the | 4 |
| case may be. This fee shall be imposed in addition to | 5 |
| the fees
imposed under subsections (g) and (i) of this | 6 |
| Section. The fee shall be
collected by the clerk of the | 7 |
| circuit court. The clerk of the circuit
court shall pay | 8 |
| all monies collected from this fee to the county | 9 |
| treasurer
for deposit in the substance abuse services | 10 |
| fund under Section 5-1086.1 of
the Counties Code; and
| 11 |
| (v) for persons convicted of offenses other than | 12 |
| those referenced in
clause (iv) above and who are | 13 |
| placed on an approved monitoring device as a
condition | 14 |
| of probation or conditional discharge, the court shall | 15 |
| impose
a reasonable fee for each day of the use of the | 16 |
| device, as established by the
county board in | 17 |
| subsection (g) of this Section, unless after | 18 |
| determining the
inability of the defendant to pay the | 19 |
| fee, the court assesses a lesser fee or
no fee as the | 20 |
| case may be. This fee shall be imposed in addition to | 21 |
| the fees
imposed under subsections (g) and (i) of this | 22 |
| Section. The fee
shall be collected by the clerk of the | 23 |
| circuit court. The clerk of the circuit
court shall pay | 24 |
| all monies collected from this fee
to the county | 25 |
| treasurer who shall use the monies collected to defray | 26 |
| the
costs of corrections. The county treasurer shall |
|
|
|
HB3714 Enrolled |
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LRB096 08017 RLC 18122 b |
|
| 1 |
| deposit the fee
collected in the county working cash | 2 |
| fund under Section 6-27001 or Section
6-29002 of the | 3 |
| Counties Code, as the case may be.
| 4 |
| (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,
as now or hereafter amended, | 7 |
| or an order of protection issued by the court of
another | 8 |
| state, tribe, or United States territory. A copy of the | 9 |
| order of
protection shall be
transmitted to the probation | 10 |
| officer or agency
having responsibility for the case;
| 11 |
| (12) reimburse any "local anti-crime program" as | 12 |
| defined in Section 7
of the Anti-Crime Advisory Council Act | 13 |
| for any reasonable expenses incurred
by the program on the | 14 |
| offender's case, not to exceed the maximum amount of
the | 15 |
| fine authorized for the offense for which the defendant was | 16 |
| sentenced;
| 17 |
| (13) contribute a reasonable sum of money, not to | 18 |
| exceed the maximum
amount of the fine authorized for the
| 19 |
| offense for which the defendant was sentenced, (i) to a | 20 |
| "local anti-crime
program", as defined in Section 7 of the | 21 |
| Anti-Crime Advisory Council Act, or (ii) for offenses under | 22 |
| the jurisdiction of the Department of Natural Resources, to | 23 |
| the fund established by the Department of Natural Resources | 24 |
| for the purchase of evidence for investigation purposes and | 25 |
| to conduct investigations as outlined in Section 805-105 of | 26 |
| the Department of Natural Resources (Conservation) Law;
|
|
|
|
HB3714 Enrolled |
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LRB096 08017 RLC 18122 b |
|
| 1 |
| (14) refrain from entering into a designated | 2 |
| geographic area except upon
such terms as the court finds | 3 |
| appropriate. Such terms may include
consideration of the | 4 |
| purpose of the entry, the time of day, other persons
| 5 |
| accompanying the defendant, and advance approval by a
| 6 |
| probation officer, if
the defendant has been placed on | 7 |
| probation or advance approval by the
court, if the | 8 |
| defendant was placed on conditional discharge;
| 9 |
| (15) refrain from having any contact, directly or | 10 |
| indirectly, with
certain specified persons or particular | 11 |
| types of persons, including but not
limited to members of | 12 |
| street gangs and drug users or dealers;
| 13 |
| (16) refrain from having in his or her body the | 14 |
| presence of any illicit
drug prohibited by the Cannabis | 15 |
| Control Act, the Illinois Controlled
Substances Act, or the | 16 |
| Methamphetamine Control and Community Protection 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 |
| (17) if convicted for an offense committed on or after | 21 |
| June 1, 2008 ( the effective date of Public Act 95-464) this | 22 |
| amendatory Act of the 95th General Assembly that would | 23 |
| qualify the accused as a child sex offender as defined in | 24 |
| Section 11-9.3 or 11-9.4 of the Criminal Code of 1961, | 25 |
| refrain from communicating with or contacting, by means of | 26 |
| the Internet, a person who is related to the accused and |
|
|
|
HB3714 Enrolled |
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LRB096 08017 RLC 18122 b |
|
| 1 |
| whom the accused reasonably believes to be under 18 years | 2 |
| of age; for purposes of this paragraph (17), "Internet" has | 3 |
| the meaning ascribed to it in Section 16J-5 of the Criminal | 4 |
| Code of 1961; and a person is related to the accused if the | 5 |
| person is: (i) the spouse, brother, or sister of the | 6 |
| accused; (ii) a descendant of the accused; (iii) a first or | 7 |
| second cousin of the accused; or (iv) a step-child or | 8 |
| adopted child of the accused; and | 9 |
| (18) if convicted for an offense committed on or after | 10 |
| June 1, 2009 ( the effective date of Public Act 95-983) this | 11 |
| amendatory Act of the 95th General Assembly that would | 12 |
| qualify as a sex offense as defined in the Sex Offender | 13 |
| Registration Act: | 14 |
| (i) not access or use a computer or any other | 15 |
| device with Internet capability without the prior | 16 |
| written approval of the offender's probation officer, | 17 |
| except in connection with the offender's employment or | 18 |
| search for employment with the prior approval of the | 19 |
| offender's probation officer; | 20 |
| (ii) submit to periodic unannounced examinations | 21 |
| of the offender's computer or any other device with | 22 |
| Internet capability by the offender's probation | 23 |
| officer, a law enforcement officer, or assigned | 24 |
| computer or information technology specialist, | 25 |
| including the retrieval and copying of all data from | 26 |
| the computer or device and any internal or external |
|
|
|
HB3714 Enrolled |
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LRB096 08017 RLC 18122 b |
|
| 1 |
| peripherals and removal of such information, | 2 |
| equipment, or device to conduct a more thorough | 3 |
| inspection; | 4 |
| (iii) submit to the installation on the offender's | 5 |
| computer or device with Internet capability, at the | 6 |
| subject's expense, of one or more hardware or software | 7 |
| systems to monitor the Internet use; and | 8 |
| (iv) submit to any other appropriate restrictions | 9 |
| concerning the offender's use of or access to a | 10 |
| computer or any other device with Internet capability | 11 |
| imposed by the offender's probation officer ; and . | 12 |
| (19) refrain from possessing a firearm or other | 13 |
| dangerous weapon where the offense is a misdemeanor that | 14 |
| did not involve the intentional or knowing infliction of | 15 |
| bodily harm or threat of bodily harm. | 16 |
| (c) The court may as a condition of probation or of | 17 |
| conditional
discharge require that a person under 18 years of | 18 |
| age found guilty of any
alcohol, cannabis or controlled | 19 |
| substance violation, refrain from acquiring
a driver's license | 20 |
| during
the period of probation or conditional discharge. If | 21 |
| such person
is in possession of a permit or license, the court | 22 |
| may require that
the minor refrain from driving or operating | 23 |
| any motor vehicle during the
period of probation or conditional | 24 |
| discharge, except as may be necessary in
the course of the | 25 |
| minor's lawful employment.
| 26 |
| (d) An offender sentenced to probation or to conditional |
|
|
|
HB3714 Enrolled |
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LRB096 08017 RLC 18122 b |
|
| 1 |
| discharge
shall be given a certificate setting forth the | 2 |
| conditions thereof.
| 3 |
| (e) Except where the offender has committed a fourth or | 4 |
| subsequent
violation of subsection (c) of Section 6-303 of the | 5 |
| Illinois Vehicle Code,
the court shall not require as a | 6 |
| condition of the sentence of
probation or conditional discharge | 7 |
| that the offender be committed to a
period of imprisonment in | 8 |
| excess of 6 months.
This 6 month limit shall not include | 9 |
| periods of confinement given pursuant to
a sentence of county | 10 |
| impact incarceration under Section 5-8-1.2.
| 11 |
| Persons committed to imprisonment as a condition of | 12 |
| probation or
conditional discharge shall not be committed to | 13 |
| the Department of
Corrections.
| 14 |
| (f) The court may combine a sentence of periodic | 15 |
| imprisonment under
Article 7 or a sentence to a county impact | 16 |
| incarceration program under
Article 8 with a sentence of | 17 |
| probation or conditional discharge.
| 18 |
| (g) An offender sentenced to probation or to conditional | 19 |
| discharge and
who during the term of either undergoes mandatory | 20 |
| drug or alcohol testing,
or both, or is assigned to be placed | 21 |
| on an approved electronic monitoring
device, shall be ordered | 22 |
| to pay all costs incidental to such mandatory drug
or alcohol | 23 |
| testing, or both, and all costs
incidental to such approved | 24 |
| electronic monitoring in accordance with the
defendant's | 25 |
| ability to pay those costs. The county board with
the | 26 |
| concurrence of the Chief Judge of the judicial
circuit in which |
|
|
|
HB3714 Enrolled |
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LRB096 08017 RLC 18122 b |
|
| 1 |
| the county is located shall establish reasonable fees for
the | 2 |
| cost of maintenance, testing, and incidental expenses related | 3 |
| to the
mandatory drug or alcohol testing, or both, and all | 4 |
| costs incidental to
approved electronic monitoring, involved | 5 |
| in a successful probation program
for the county. The | 6 |
| concurrence of the Chief Judge shall be in the form of
an | 7 |
| administrative order.
The fees shall be collected by the clerk | 8 |
| of the circuit court. The clerk of
the circuit court shall pay | 9 |
| all moneys collected from these fees to the county
treasurer | 10 |
| who shall use the moneys collected to defray the costs of
drug | 11 |
| testing, alcohol testing, and electronic monitoring.
The | 12 |
| county treasurer shall deposit the fees collected in the
county | 13 |
| working cash fund under Section 6-27001 or Section 6-29002 of | 14 |
| the
Counties Code, as the case may be.
| 15 |
| (h) Jurisdiction over an offender may be transferred from | 16 |
| the
sentencing court to the court of another circuit with the | 17 |
| concurrence of
both courts. Further transfers or retransfers of
| 18 |
| jurisdiction are also
authorized in the same manner. The court | 19 |
| to which jurisdiction has been
transferred shall have the same | 20 |
| powers as the sentencing court.
| 21 |
| (i) The court shall impose upon an offender
sentenced to | 22 |
| probation after January 1, 1989 or to conditional discharge
| 23 |
| after January 1, 1992 or to community service under the | 24 |
| supervision of a
probation or court services department after | 25 |
| January 1, 2004, as a condition of such probation or | 26 |
| conditional
discharge or supervised community service, a fee of |
|
|
|
HB3714 Enrolled |
- 32 - |
LRB096 08017 RLC 18122 b |
|
| 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 |
|
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HB3714 Enrolled |
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LRB096 08017 RLC 18122 b |
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| victims
and their families.
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| This amendatory Act of the 93rd General Assembly deletes | 3 |
| the $10 increase in the fee under this subsection that was | 4 |
| imposed by Public Act 93-616. This deletion is intended to | 5 |
| control over any other Act of the 93rd General Assembly that | 6 |
| retains or incorporates that fee increase. | 7 |
| (i-5) In addition to the fees imposed under subsection (i) | 8 |
| of this Section, in the case of an offender convicted of a | 9 |
| felony sex offense (as defined in the Sex Offender Management | 10 |
| Board Act) or an offense that the court or probation department | 11 |
| has determined to be sexually motivated (as defined in the Sex | 12 |
| Offender Management Board Act), the court or the probation | 13 |
| department shall assess additional fees to pay for all costs of | 14 |
| treatment, assessment, evaluation for risk and treatment, and | 15 |
| monitoring the offender, based on that offender's ability to | 16 |
| pay those costs either as they occur or under a payment plan. | 17 |
| (j) All fines and costs imposed under this Section for any | 18 |
| violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | 19 |
| Code, or a similar
provision of a local ordinance, and any | 20 |
| violation of the Child Passenger
Protection Act, or a similar | 21 |
| provision of a local ordinance, shall be
collected and | 22 |
| disbursed by the circuit clerk as provided under Section 27.5
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| of the Clerks of Courts Act.
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| (k) Any offender who is sentenced to probation or | 25 |
| conditional discharge for a felony sex offense as defined in | 26 |
| the Sex Offender Management Board Act or any offense that the |
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HB3714 Enrolled |
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LRB096 08017 RLC 18122 b |
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| court or probation department has determined to be sexually | 2 |
| motivated as defined in the Sex Offender Management Board Act | 3 |
| shall be required to refrain from any contact, directly or | 4 |
| indirectly, with any persons specified by the court and shall | 5 |
| be available for all evaluations and treatment programs | 6 |
| required by the court or the probation department.
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| (l) The court may order an offender who is sentenced to | 8 |
| probation or conditional
discharge for a violation of an order | 9 |
| of protection be placed under electronic surveillance as | 10 |
| provided in Section 5-8A-7 of this Code. | 11 |
| (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; | 12 |
| 94-556, eff. 9-11-05; 95-331, eff. 8-21-07; 95-464, eff. | 13 |
| 6-1-08; 95-578, eff. 6-1-08; 95-696, eff. 6-1-08; 95-773, eff. | 14 |
| 1-1-09; 95-876, eff. 8-21-08; 95-983, eff. 6-1-09; revised | 15 |
| 10-20-08.) | 16 |
| Section 95. No acceleration or delay. Where this Act makes | 17 |
| changes in a statute that is represented in this Act by text | 18 |
| that is not yet or no longer in effect (for example, a Section | 19 |
| represented by multiple versions), the use of that text does | 20 |
| not accelerate or delay the taking effect of (i) the changes | 21 |
| made by this Act or (ii) provisions derived from any other | 22 |
| Public Act.
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| Section 99. Effective date. This Act takes effect upon | 24 |
| becoming law.
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