Full Text of HB6163 96th General Assembly
HB6163 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB6163
Introduced 2/11/2010, by Rep. James D. Brosnahan SYNOPSIS AS INTRODUCED: |
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705 ILCS 405/5-615 |
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705 ILCS 405/5-715 |
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730 ILCS 5/5-6-3 |
from Ch. 38, par. 1005-6-3 |
730 ILCS 5/5-6-3.1 |
from Ch. 38, par. 1005-6-3.1 |
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Amends the Juvenile Court Act of 1987. Increases from $25 to $50 the monthly fee imposed by the court for a minor placed on supervision, probation, or conditional discharge. Amends the Unified Code of Corrections. Eliminates provisions that the circuit court when imposing a probation fee in excess of $25, must use guidelines developed by
the Administrative
Office of the Illinois Courts and must have authorized, by
administrative order issued by the chief judge, the creation of a Crime
Victim's Services Fund, to be administered by the Chief Judge or his or
her designee, for services to crime victims and their families.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB6163 |
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LRB096 19412 RLC 34803 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Juvenile Court Act of 1987 is amended by | 5 |
| changing Sections 5-615 and 5-715 as follows:
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| (705 ILCS 405/5-615)
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| Sec. 5-615. Continuance under supervision.
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| (1) The court may enter an order of continuance under | 9 |
| supervision for an
offense other than first degree murder, a | 10 |
| Class X felony or a forcible felony
(a) upon an admission or | 11 |
| stipulation by the appropriate respondent or minor
respondent | 12 |
| of the facts supporting the
petition and before proceeding to | 13 |
| adjudication, or after hearing the evidence
at the trial, and | 14 |
| (b) in the absence of objection made in open court by the
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| minor, his or her parent, guardian, or legal custodian, the | 16 |
| minor's attorney or
the
State's Attorney.
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| (2) If the minor, his or her parent, guardian, or legal | 18 |
| custodian, the
minor's
attorney or State's Attorney objects in | 19 |
| open court to any continuance and
insists upon proceeding to | 20 |
| findings and adjudication, the court shall so
proceed.
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| (3) Nothing in this Section limits the power of the court | 22 |
| to order a
continuance of the hearing for the production of | 23 |
| additional evidence or for any
other proper reason.
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LRB096 19412 RLC 34803 b |
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| (4) When a hearing where a minor is alleged to be a | 2 |
| delinquent is
continued
pursuant to this Section, the period of | 3 |
| continuance under supervision may not
exceed 24 months. The | 4 |
| court may terminate a continuance under supervision at
any time | 5 |
| if warranted by the conduct of the minor and the ends of | 6 |
| justice.
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| (5) When a hearing where a minor is alleged to be | 8 |
| delinquent is continued
pursuant to this Section, the court | 9 |
| may, as conditions of the continuance under
supervision, | 10 |
| require the minor to do any of the following:
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| (a) not violate any criminal statute of any | 12 |
| jurisdiction;
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| (b) make a report to and appear in person before any | 14 |
| person or agency as
directed by the court;
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| (c) work or pursue a course of study or vocational | 16 |
| training;
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| (d) undergo medical or psychotherapeutic treatment | 18 |
| rendered by a therapist
licensed under the provisions of | 19 |
| the Medical Practice Act of 1987, the
Clinical Psychologist | 20 |
| Licensing Act, or the Clinical Social Work and Social
Work | 21 |
| Practice Act, or an entity licensed by the Department of | 22 |
| Human Services as
a successor to the Department of | 23 |
| Alcoholism and Substance Abuse, for the
provision of drug | 24 |
| addiction and alcoholism treatment;
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| (e) attend or reside in a facility established for the | 26 |
| instruction or
residence of persons on probation;
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| (f) support his or her dependents, if any;
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| (g) pay costs;
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| (h) refrain from possessing a firearm or other | 4 |
| dangerous weapon, or an
automobile;
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| (i) permit the probation officer to visit him or her at | 6 |
| his or her home or
elsewhere;
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| (j) reside with his or her parents or in a foster home;
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| (k) attend school;
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| (k-5) with the consent of the superintendent
of the
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| facility, attend an educational program at a facility other | 11 |
| than the school
in which the
offense was committed if he
or | 12 |
| she committed a crime of violence as
defined in
Section 2 | 13 |
| of the Crime Victims Compensation Act in a school, on the
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| real
property
comprising a school, or within 1,000 feet of | 15 |
| the real property comprising a
school;
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| (l) attend a non-residential program for youth;
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| (m) contribute to his or her own support at home or in | 18 |
| a foster home;
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| (n) perform some reasonable public or community | 20 |
| service;
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| (o) make restitution to the victim, in the same manner | 22 |
| and under the same
conditions as provided in subsection (4) | 23 |
| of Section 5-710, except that the
"sentencing hearing" | 24 |
| referred
to in that Section shall be the adjudicatory | 25 |
| hearing for purposes of this
Section;
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| (p) comply with curfew requirements as designated by |
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| the court;
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| (q) refrain from entering into a designated geographic | 3 |
| area except upon
terms as the court finds appropriate. The | 4 |
| terms may include consideration of
the purpose of the | 5 |
| entry, the time of day, other persons accompanying the
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| minor, and advance approval by a probation officer;
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| (r) refrain from having any contact, directly or | 8 |
| indirectly, with certain
specified persons or particular | 9 |
| types of persons, including but not limited to
members of | 10 |
| street gangs and drug users or dealers;
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| (r-5) undergo a medical or other procedure to have a | 12 |
| tattoo symbolizing
allegiance to a street gang removed from | 13 |
| his or her body;
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| (s) refrain from having in his or her body the presence | 15 |
| of any illicit
drug
prohibited by the Cannabis Control Act, | 16 |
| the Illinois Controlled Substances
Act, or the | 17 |
| Methamphetamine Control and Community Protection Act, | 18 |
| unless prescribed by a physician, and submit samples of his | 19 |
| or her blood
or urine or both for tests to determine the | 20 |
| presence of any illicit drug; or
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| (t) comply with any other conditions as may be ordered | 22 |
| by the court.
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| (6) A minor whose case is continued under supervision under | 24 |
| subsection (5)
shall be given a certificate setting forth the | 25 |
| conditions imposed by the court.
Those conditions may be | 26 |
| reduced, enlarged, or modified by the court on motion
of the |
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| probation officer or on its own motion, or that of the State's | 2 |
| Attorney,
or, at the request of the minor after notice and | 3 |
| hearing.
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| (7) If a petition is filed charging a violation of a | 5 |
| condition of the
continuance under supervision, the court shall | 6 |
| conduct a hearing. If the court
finds that a condition of | 7 |
| supervision has not been fulfilled, the court may
proceed to | 8 |
| findings and adjudication and disposition. The filing of a | 9 |
| petition
for violation of a condition of the continuance under | 10 |
| supervision shall toll
the period of continuance under | 11 |
| supervision until the final determination of
the charge, and | 12 |
| the term of the continuance under supervision shall not run
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| until the hearing and disposition of the petition for | 14 |
| violation; provided
where the petition alleges conduct that | 15 |
| does not constitute a criminal offense,
the hearing must be | 16 |
| held within 30 days of the filing of the petition unless a
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| delay shall continue the tolling of the period of continuance | 18 |
| under supervision
for the period of
the delay.
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| (8) When a hearing in which a minor is alleged to be a | 20 |
| delinquent for
reasons that include a violation of Section | 21 |
| 21-1.3 of the Criminal Code of 1961
is continued under this | 22 |
| Section, the court shall, as a condition of the
continuance | 23 |
| under supervision, require the minor to perform community | 24 |
| service
for not less than 30 and not more than 120 hours, if | 25 |
| community service is
available in the jurisdiction. The | 26 |
| community service shall include, but need
not be limited to, |
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| the cleanup and repair of the damage that was caused by the
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| alleged violation or similar damage to property located in the | 3 |
| municipality or
county in which the alleged violation occurred. | 4 |
| The condition may be in
addition to any other condition.
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| (8.5) When a hearing in which a minor is alleged to be a | 6 |
| delinquent for
reasons
that include a violation of Section 3.02 | 7 |
| or Section 3.03 of the Humane Care for
Animals Act or paragraph | 8 |
| (d) of subsection (1)
of Section
21-1 of the Criminal Code of | 9 |
| 1961 is continued under this Section, the court
shall, as a
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| condition of the continuance under supervision, require the | 11 |
| minor to undergo
medical or
psychiatric treatment rendered by a | 12 |
| psychiatrist or psychological treatment
rendered by a
clinical | 13 |
| psychologist. The condition may be in addition to any other
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| condition.
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| (9) When a hearing in which a minor is alleged to be a | 16 |
| delinquent is
continued under this Section, the court, before | 17 |
| continuing the case, shall make
a finding whether the offense | 18 |
| alleged to have been committed either: (i) was
related to or in | 19 |
| furtherance of the activities of an organized gang or was
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| motivated by the minor's membership in or allegiance to an | 21 |
| organized gang, or
(ii) is a violation of paragraph (13) of | 22 |
| subsection (a) of Section 12-2 of the
Criminal Code of 1961, a | 23 |
| violation of any Section of Article 24 of the
Criminal Code of | 24 |
| 1961, or a violation of any statute that involved the unlawful
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| use of a firearm. If the court determines the question in the | 26 |
| affirmative the
court shall, as a condition of the continuance |
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LRB096 19412 RLC 34803 b |
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| under supervision and as part of
or in addition to any other | 2 |
| condition of the supervision,
require the minor to perform | 3 |
| community service for not less than 30 hours,
provided that | 4 |
| community service is available in the
jurisdiction and is | 5 |
| funded and approved by the county board of the county where
the | 6 |
| offense was committed. The community service shall include, but | 7 |
| need not
be limited to, the cleanup and repair of any damage | 8 |
| caused by an alleged
violation of Section 21-1.3 of the | 9 |
| Criminal Code of 1961 and similar damage to
property located in | 10 |
| the municipality or county in which the alleged violation
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| occurred. When possible and reasonable, the community service | 12 |
| shall be
performed in the minor's neighborhood. For the | 13 |
| purposes of this Section,
"organized gang" has the meaning | 14 |
| ascribed to it in Section 10 of the Illinois
Streetgang | 15 |
| Terrorism Omnibus Prevention Act.
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| (10) The court shall impose upon a minor placed on | 17 |
| supervision, as a
condition of the supervision, a fee of $50 | 18 |
| $25 for each month of supervision
ordered by the court, unless | 19 |
| after determining the inability of the minor
placed on | 20 |
| supervision to pay the fee, the court assesses a lesser amount. | 21 |
| The
court may not impose the fee on a minor who is made a ward | 22 |
| of the State under
this Act while the minor is in placement. | 23 |
| The fee shall be imposed only upon a
minor who is actively | 24 |
| supervised by the probation and court services
department. A | 25 |
| court may order the parent, guardian, or legal custodian of the
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| minor to pay some or all of the fee on the minor's behalf.
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LRB096 19412 RLC 34803 b |
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| (11) If a minor is placed on supervision for a violation of
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| subsection (a-7) of Section 1 of the Prevention of Tobacco Use | 3 |
| by Minors Act, the
court may, in its discretion, and upon
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| recommendation by the State's Attorney, order that minor and | 5 |
| his or her parents
or legal
guardian to attend a smoker's | 6 |
| education or youth diversion program as defined
in that Act if | 7 |
| that
program is available in the jurisdiction where the | 8 |
| offender resides.
Attendance at a smoker's education or youth | 9 |
| diversion program
shall be time-credited against any community | 10 |
| service time imposed for any
first violation of subsection | 11 |
| (a-7) of Section 1 of that Act. In addition to any
other
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| penalty
that the court may impose for a violation of subsection | 13 |
| (a-7) of Section 1 of
that Act, the
court, upon request by the | 14 |
| State's Attorney, may in its discretion
require
the offender to | 15 |
| remit a fee for his or her attendance at a smoker's
education | 16 |
| or
youth diversion program.
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| For purposes of this Section, "smoker's education program" | 18 |
| or "youth
diversion program" includes, but is not limited to, a | 19 |
| seminar designed to
educate a person on the physical and | 20 |
| psychological effects of smoking tobacco
products and the | 21 |
| health consequences of smoking tobacco products that can be
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| conducted with a locality's youth diversion program.
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| In addition to any other penalty that the court may impose | 24 |
| under this
subsection
(11):
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| (a) If a minor violates subsection (a-7) of Section 1 | 26 |
| of the Prevention of
Tobacco Use by Minors Act, the court |
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LRB096 19412 RLC 34803 b |
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| may
impose a sentence of 15 hours of
community service or a | 2 |
| fine of $25 for a first violation.
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| (b) A second violation by a minor of subsection (a-7) | 4 |
| of Section 1 of that Act
that occurs
within 12 months after | 5 |
| the first violation is punishable by a fine of $50 and
25
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| hours of community service.
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| (c) A third or subsequent violation by a minor of | 8 |
| subsection (a-7) of Section
1 of that Act
that
occurs | 9 |
| within 12 months after the first violation is punishable by | 10 |
| a $100
fine
and 30 hours of community service.
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| (d) Any second or subsequent violation not within the | 12 |
| 12-month time period
after the first violation is | 13 |
| punishable as provided for a first violation.
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| (Source: P.A. eff. 1-1-00; 96-179, eff. 8-10-09.)
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| (705 ILCS 405/5-715)
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| Sec. 5-715. Probation.
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| (1) The period of probation or conditional discharge shall | 18 |
| not exceed 5
years or until the minor has attained the age of | 19 |
| 21 years, whichever is less,
except as provided in this Section | 20 |
| for a minor who is found to be guilty
for an offense which is | 21 |
| first degree murder, a Class X felony or a forcible
felony. The | 22 |
| juvenile court may terminate probation or
conditional | 23 |
| discharge and discharge the minor at any time if warranted by | 24 |
| the
conduct of the minor and the ends of justice; provided, | 25 |
| however, that the
period of probation for a minor who is found |
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| to be guilty for an offense which
is first degree murder, a | 2 |
| Class X felony, or a forcible felony shall be at
least 5 years.
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| (2) The court may as a condition of probation or of | 4 |
| conditional discharge
require that the minor:
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| (a) not violate any criminal statute of any | 6 |
| jurisdiction;
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| (b) make a report to and appear in person before any | 8 |
| person or agency as
directed by the court;
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| (c) work or pursue a course of study or vocational | 10 |
| training;
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| (d) undergo medical or psychiatric treatment, rendered | 12 |
| by a psychiatrist
or
psychological treatment rendered by a | 13 |
| clinical psychologist or social work
services rendered by a | 14 |
| clinical social worker, or treatment for drug addiction
or | 15 |
| alcoholism;
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| (e) attend or reside in a facility established for the | 17 |
| instruction or
residence of persons on probation;
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| (f) support his or her dependents, if any;
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| (g) refrain from possessing a firearm or other | 20 |
| dangerous weapon, or an
automobile;
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| (h) permit the probation officer to visit him or her at | 22 |
| his or her home or
elsewhere;
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| (i) reside with his or her parents or in a foster home;
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| (j) attend school;
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| (j-5) with the consent of the superintendent
of the
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| facility,
attend an educational program at a facility other |
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HB6163 |
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LRB096 19412 RLC 34803 b |
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| than the school
in which the
offense was committed if he
or | 2 |
| she committed a crime of violence as
defined in
Section 2 | 3 |
| of the Crime Victims Compensation Act in a school, on the
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| real
property
comprising a school, or within 1,000 feet of | 5 |
| the real property comprising a
school;
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| (k) attend a non-residential program for youth;
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| (l) make restitution under the terms of subsection (4) | 8 |
| of Section 5-710;
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| (m) contribute to his or her own support at home or in | 10 |
| a foster home;
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| (n) perform some reasonable public or community | 12 |
| service;
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| (o) participate with community corrections programs | 14 |
| including unified
delinquency intervention services | 15 |
| administered by the Department of Human
Services
subject to | 16 |
| Section 5 of the Children and Family Services Act;
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| (p) pay costs;
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| (q) serve a term of home confinement. In addition to | 19 |
| any other applicable
condition of probation or conditional | 20 |
| discharge, the conditions of home
confinement shall be that | 21 |
| the minor:
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| (i) remain within the interior premises of the | 23 |
| place designated for his
or her confinement during the | 24 |
| hours designated by the court;
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| (ii) admit any person or agent designated by the | 26 |
| court into the minor's
place of confinement at any time |
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LRB096 19412 RLC 34803 b |
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| for purposes of verifying the minor's
compliance with | 2 |
| the conditions of his or her confinement; and
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| (iii) use an approved electronic monitoring device | 4 |
| if ordered by the
court subject to Article 8A of | 5 |
| Chapter V of the Unified Code of Corrections;
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| (r) refrain from entering into a designated geographic | 7 |
| area except upon
terms as the court finds appropriate. The | 8 |
| terms may include consideration of
the purpose of the | 9 |
| entry, the time of day, other persons accompanying the
| 10 |
| minor, and advance approval by a probation officer, if the | 11 |
| minor has been
placed on probation, or advance approval by | 12 |
| the court, if the minor has been
placed on conditional | 13 |
| discharge;
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| (s) refrain from having any contact, directly or | 15 |
| indirectly, with certain
specified persons or particular | 16 |
| types of persons, including but not limited to
members of | 17 |
| street gangs and drug users or dealers;
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| (s-5) undergo a medical or other procedure to have a | 19 |
| tattoo symbolizing
allegiance to a street
gang removed from | 20 |
| his or her body;
| 21 |
| (t) refrain from having in his or her body the presence | 22 |
| of any illicit
drug
prohibited by the Cannabis Control Act, | 23 |
| the Illinois Controlled Substances
Act, or the | 24 |
| Methamphetamine Control and Community Protection Act, | 25 |
| unless prescribed
by a physician, and shall submit samples | 26 |
| of his or her blood or urine or both
for tests to determine |
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LRB096 19412 RLC 34803 b |
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| the presence of any illicit drug; or
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| (u) comply with other conditions as may be ordered by | 3 |
| the court.
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| (3) The court may as a condition of probation or of | 5 |
| conditional discharge
require that a minor found guilty on any | 6 |
| alcohol, cannabis, methamphetamine, or
controlled substance | 7 |
| violation, refrain from acquiring a driver's license
during the | 8 |
| period of probation or conditional discharge. If the minor is | 9 |
| in
possession of a permit or license, the court may require | 10 |
| that the minor refrain
from driving or operating any motor | 11 |
| vehicle during the period of probation or
conditional | 12 |
| discharge, except as may be necessary in the course of the | 13 |
| minor's
lawful
employment.
| 14 |
| (3.5) The court shall, as a condition of probation or of | 15 |
| conditional
discharge,
require that a minor found to be guilty | 16 |
| and placed on probation for reasons
that include a
violation of | 17 |
| Section 3.02 or Section 3.03 of the Humane Care for Animals Act | 18 |
| or
paragraph
(d) of subsection (1) of Section 21-1 of the
| 19 |
| Criminal Code of 1961 undergo medical or psychiatric treatment | 20 |
| rendered by a
psychiatrist or psychological treatment rendered | 21 |
| by a clinical psychologist.
The
condition may be in addition to | 22 |
| any other condition.
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| (3.10) The court shall order that a minor placed on | 24 |
| probation or
conditional discharge for a sex offense as defined | 25 |
| in the Sex Offender
Management Board Act undergo and | 26 |
| successfully complete sex offender treatment.
The treatment |
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LRB096 19412 RLC 34803 b |
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| shall be in conformance with the standards developed under
the | 2 |
| Sex Offender Management Board Act and conducted by a treatment | 3 |
| provider
approved by the Board. The treatment shall be at the | 4 |
| expense of the person
evaluated based upon that person's | 5 |
| ability to pay for the treatment.
| 6 |
| (4) A minor on probation or conditional discharge shall be | 7 |
| given a
certificate setting forth the conditions upon which he | 8 |
| or she is being
released.
| 9 |
| (5) The court shall impose upon a minor placed on probation | 10 |
| or conditional
discharge, as a condition of the probation or | 11 |
| conditional discharge, a fee of
$50 $25 for each month of | 12 |
| probation or conditional discharge supervision ordered by
the | 13 |
| court, unless after determining the inability of the minor | 14 |
| placed on
probation or conditional discharge to pay the fee, | 15 |
| the court assesses a lesser
amount. The court may not impose | 16 |
| the fee on a minor who is made a ward of the
State under this | 17 |
| Act while the minor is in placement. The fee shall be
imposed | 18 |
| only upon a minor who is actively supervised by the probation | 19 |
| and court
services department. The court may order the parent, | 20 |
| guardian, or legal
custodian of the minor to pay some or all of | 21 |
| the fee on the minor's behalf.
| 22 |
| (6) The General Assembly finds that in order to protect the | 23 |
| public, the
juvenile justice system must compel compliance with | 24 |
| the conditions of probation
by responding to violations with | 25 |
| swift, certain, and fair punishments and
intermediate | 26 |
| sanctions. The Chief Judge of each circuit shall adopt a system
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LRB096 19412 RLC 34803 b |
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| of structured, intermediate sanctions for violations of the | 2 |
| terms and
conditions of a sentence of supervision, probation or | 3 |
| conditional discharge,
under this
Act.
| 4 |
| The court shall provide as a condition of a disposition of | 5 |
| probation,
conditional discharge, or supervision, that the | 6 |
| probation agency may invoke any
sanction from the list of | 7 |
| intermediate sanctions adopted by the chief judge of
the | 8 |
| circuit court for violations of the terms and conditions of the | 9 |
| sentence of
probation, conditional discharge, or supervision, | 10 |
| subject to the provisions of
Section 5-720 of this Act.
| 11 |
| (Source: P.A. 93-616, eff. 1-1-04; 94-556, eff. 9-11-05.)
| 12 |
| Section 10. The Unified Code of Corrections is amended by | 13 |
| changing Sections 5-6-3 and 5-6-3.1 as follows: | 14 |
| (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
| 15 |
| Sec. 5-6-3. Conditions of Probation and of Conditional | 16 |
| Discharge.
| 17 |
| (a) The conditions of probation and of conditional | 18 |
| discharge shall be
that the person:
| 19 |
| (1) not violate any criminal statute of any | 20 |
| jurisdiction;
| 21 |
| (2) report to or appear in person before such person or | 22 |
| agency as
directed by the court;
| 23 |
| (3) refrain from possessing a firearm or other | 24 |
| dangerous weapon where the offense is a felony or, if a |
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HB6163 |
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LRB096 19412 RLC 34803 b |
|
| 1 |
| misdemeanor, the offense involved the intentional or | 2 |
| knowing infliction of bodily harm or threat of bodily harm;
| 3 |
| (4) not leave the State without the consent of the | 4 |
| court or, in
circumstances in which the reason for the | 5 |
| absence is of such an emergency
nature that prior consent | 6 |
| by the court is not possible, without the prior
| 7 |
| notification and approval of the person's probation
| 8 |
| officer. Transfer of a person's probation or conditional | 9 |
| discharge
supervision to another state is subject to | 10 |
| acceptance by the other state
pursuant to the Interstate | 11 |
| Compact for Adult Offender Supervision;
| 12 |
| (5) permit the probation officer to visit
him at his | 13 |
| home or elsewhere
to the extent necessary to discharge his | 14 |
| duties;
| 15 |
| (6) perform no less than 30 hours of community service | 16 |
| and not more than
120 hours of community service, if | 17 |
| community service is available in the
jurisdiction and is | 18 |
| funded and approved by the county board where the offense
| 19 |
| was committed, where the offense was related to or in | 20 |
| furtherance of the
criminal activities of an organized gang | 21 |
| and was motivated by the offender's
membership in or | 22 |
| allegiance to an organized gang. The community service | 23 |
| shall
include, but not be limited to, the cleanup and | 24 |
| repair of any damage caused by
a violation of Section | 25 |
| 21-1.3 of the Criminal Code of 1961 and similar damage
to | 26 |
| property located within the municipality or county in which |
|
|
|
HB6163 |
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LRB096 19412 RLC 34803 b |
|
| 1 |
| the violation
occurred. When possible and reasonable, the | 2 |
| community service should be
performed in the offender's | 3 |
| neighborhood. For purposes of this Section,
"organized | 4 |
| gang" has the meaning ascribed to it in Section 10 of the | 5 |
| Illinois
Streetgang Terrorism Omnibus Prevention Act;
| 6 |
| (7) if he or she is at least 17 years of age and has | 7 |
| been sentenced to
probation or conditional discharge for a | 8 |
| misdemeanor or felony in a county of
3,000,000 or more | 9 |
| inhabitants and has not been previously convicted of a
| 10 |
| misdemeanor or felony, may be required by the sentencing | 11 |
| court to attend
educational courses designed to prepare the | 12 |
| defendant for a high school diploma
and to work toward a | 13 |
| high school diploma or to work toward passing the high
| 14 |
| school level Test of General Educational Development (GED) | 15 |
| or to work toward
completing a vocational training program | 16 |
| approved by the court. The person on
probation or | 17 |
| conditional discharge must attend a public institution of
| 18 |
| education to obtain the educational or vocational training | 19 |
| required by this
clause (7). The court shall revoke the | 20 |
| probation or conditional discharge of a
person who wilfully | 21 |
| fails to comply with this clause (7). The person on
| 22 |
| probation or conditional discharge shall be required to pay | 23 |
| for the cost of the
educational courses or GED test, if a | 24 |
| fee is charged for those courses or
test. The court shall | 25 |
| resentence the offender whose probation or conditional
| 26 |
| discharge has been revoked as provided in Section 5-6-4. |
|
|
|
HB6163 |
- 18 - |
LRB096 19412 RLC 34803 b |
|
| 1 |
| 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 |
|
|
|
HB6163 |
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LRB096 19412 RLC 34803 b |
|
| 1 |
| Sex Offender Management Board Act, refrain from residing at | 2 |
| the same address or in the same condominium unit or | 3 |
| 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 | 6 |
| been placed on supervision for a sex offense; the | 7 |
| provisions of this paragraph do not apply to a person | 8 |
| convicted of a sex offense who is placed in a Department of | 9 |
| Corrections licensed transitional housing facility for sex | 10 |
| offenders; | 11 |
| (8.7) if convicted for an offense committed on or after | 12 |
| June 1, 2008 (the effective date of Public Act 95-464) that | 13 |
| would qualify the accused as a child sex offender as | 14 |
| defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | 15 |
| 1961, refrain from communicating with or contacting, by | 16 |
| means of the Internet, a person who is not related to the | 17 |
| accused and whom the accused reasonably believes to be | 18 |
| under 18 years of age; for purposes of this paragraph | 19 |
| (8.7), "Internet" has the meaning ascribed to it in Section | 20 |
| 16J-5 of the Criminal Code of 1961; and a person is not | 21 |
| related to the accused if the person is not: (i) the | 22 |
| spouse, brother, or sister of the accused; (ii) a | 23 |
| descendant of the accused; (iii) a first or second cousin | 24 |
| of the accused; or (iv) a step-child or adopted child of | 25 |
| the accused; | 26 |
| (8.8) if convicted for an offense under Section 11-6, |
|
|
|
HB6163 |
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LRB096 19412 RLC 34803 b |
|
| 1 |
| 11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal | 2 |
| Code of 1961, or any attempt to commit any of these | 3 |
| offenses, committed on or after June 1, 2009 (the effective | 4 |
| date of Public Act 95-983): | 5 |
| (i) not access or use a computer or any other | 6 |
| device with Internet capability without the prior | 7 |
| written approval of the offender's probation officer, | 8 |
| except in connection with the offender's employment or | 9 |
| search for employment with the prior approval of the | 10 |
| offender's probation officer; | 11 |
| (ii) submit to periodic unannounced examinations | 12 |
| of the offender's computer or any other device with | 13 |
| Internet capability by the offender's probation | 14 |
| officer, a law enforcement officer, or assigned | 15 |
| computer or information technology specialist, | 16 |
| including the retrieval and copying of all data from | 17 |
| the computer or device and any internal or external | 18 |
| peripherals and removal of such information, | 19 |
| equipment, or device to conduct a more thorough | 20 |
| inspection; | 21 |
| (iii) submit to the installation on the offender's | 22 |
| computer or device with Internet capability, at the | 23 |
| offender's expense, of one or more hardware or software | 24 |
| systems to monitor the Internet use; and | 25 |
| (iv) submit to any other appropriate restrictions | 26 |
| concerning the offender's use of or access to a |
|
|
|
HB6163 |
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LRB096 19412 RLC 34803 b |
|
| 1 |
| computer or any other device with Internet capability | 2 |
| imposed by the offender's probation officer; | 3 |
| (8.9) if convicted of a sex offense as defined in the | 4 |
| Sex Offender
Registration Act committed on or after January | 5 |
| 1, 2010 ( the effective date of Public Act 96-262) this | 6 |
| amendatory Act of the 96th General Assembly , refrain from | 7 |
| accessing or using a social networking website as defined | 8 |
| in Section 16D-2 of the Criminal Code of 1961;
| 9 |
| (9) if convicted of a felony, physically surrender at a | 10 |
| time and place
designated by the court, his or her Firearm
| 11 |
| Owner's Identification Card and
any and all firearms in
his | 12 |
| or her possession;
| 13 |
| (10) if convicted of a sex offense as defined in | 14 |
| subsection (a-5) of Section 3-1-2 of this Code, unless the | 15 |
| offender is a parent or guardian of the person under 18 | 16 |
| years of age present in the home and no non-familial minors | 17 |
| are present, not participate in a holiday event involving | 18 |
| children under 18 years of age, such as distributing candy | 19 |
| or other items to children on Halloween, wearing a Santa | 20 |
| Claus costume on or preceding Christmas, being employed as | 21 |
| a department store Santa Claus, or wearing an Easter Bunny | 22 |
| costume on or preceding Easter; and | 23 |
| (11) if convicted of a sex offense as defined in | 24 |
| Section 2 of the Sex Offender Registration Act committed on | 25 |
| or after January 1, 2010 ( the effective date of Public Act | 26 |
| 96-362) this amendatory Act of the 96th General Assembly |
|
|
|
HB6163 |
- 22 - |
LRB096 19412 RLC 34803 b |
|
| 1 |
| that requires the person to register as a sex offender | 2 |
| under that Act, may not knowingly use any computer scrub | 3 |
| software on any computer that the sex offender uses. | 4 |
| (b) The Court may in addition to other reasonable | 5 |
| conditions relating to the
nature of the offense or the | 6 |
| rehabilitation of the defendant as determined for
each | 7 |
| defendant in the proper discretion of the Court require that | 8 |
| the person:
| 9 |
| (1) serve a term of periodic imprisonment under Article | 10 |
| 7 for a
period not to exceed that specified in paragraph | 11 |
| (d) of Section 5-7-1;
| 12 |
| (2) pay a fine and costs;
| 13 |
| (3) work or pursue a course of study or vocational | 14 |
| training;
| 15 |
| (4) undergo medical, psychological or psychiatric | 16 |
| treatment; or treatment
for drug addiction or alcoholism;
| 17 |
| (5) attend or reside in a facility established for the | 18 |
| instruction
or residence of defendants on probation;
| 19 |
| (6) support his dependents;
| 20 |
| (7) and in addition, if a minor:
| 21 |
| (i) reside with his parents or in a foster home;
| 22 |
| (ii) attend school;
| 23 |
| (iii) attend a non-residential program for youth;
| 24 |
| (iv) contribute to his own support at home or in a | 25 |
| foster home;
| 26 |
| (v) with the consent of the superintendent of the
|
|
|
|
HB6163 |
- 23 - |
LRB096 19412 RLC 34803 b |
|
| 1 |
| facility, attend an educational program at a facility | 2 |
| other than the school
in which the
offense was | 3 |
| committed if he
or she is convicted of a crime of | 4 |
| violence as
defined in
Section 2 of the Crime Victims | 5 |
| Compensation Act committed in a school, on the
real
| 6 |
| property
comprising a school, or within 1,000 feet of | 7 |
| the real property comprising a
school;
| 8 |
| (8) make restitution as provided in Section 5-5-6 of | 9 |
| this Code;
| 10 |
| (9) perform some reasonable public or community | 11 |
| service;
| 12 |
| (10) serve a term of home confinement. In addition to | 13 |
| any other
applicable condition of probation or conditional | 14 |
| discharge, the
conditions of home confinement shall be that | 15 |
| the offender:
| 16 |
| (i) remain within the interior premises of the | 17 |
| place designated for
his confinement during the hours | 18 |
| designated by the court;
| 19 |
| (ii) admit any person or agent designated by the | 20 |
| court into the
offender's place of confinement at any | 21 |
| time for purposes of verifying
the offender's | 22 |
| compliance with the conditions of his confinement; and
| 23 |
| (iii) if further deemed necessary by the court or | 24 |
| the
Probation or
Court Services Department, be placed | 25 |
| on an approved
electronic monitoring device, subject | 26 |
| to Article 8A of Chapter V;
|
|
|
|
HB6163 |
- 24 - |
LRB096 19412 RLC 34803 b |
|
| 1 |
| (iv) for persons convicted of any alcohol, | 2 |
| cannabis or controlled
substance violation who are | 3 |
| placed on an approved monitoring device as a
condition | 4 |
| of probation or conditional discharge, the court shall | 5 |
| impose a
reasonable fee for each day of the use of the | 6 |
| device, as established by the
county board in | 7 |
| subsection (g) of this Section, unless after | 8 |
| determining the
inability of the offender to pay the | 9 |
| fee, the court assesses a lesser fee or no
fee as the | 10 |
| case may be. This fee shall be imposed in addition to | 11 |
| the fees
imposed under subsections (g) and (i) of this | 12 |
| Section. The fee shall be
collected by the clerk of the | 13 |
| circuit court. The clerk of the circuit
court shall pay | 14 |
| all monies collected from this fee to the county | 15 |
| treasurer
for deposit in the substance abuse services | 16 |
| fund under Section 5-1086.1 of
the Counties Code; and
| 17 |
| (v) for persons convicted of offenses other than | 18 |
| those referenced in
clause (iv) above and who are | 19 |
| placed on an approved monitoring device as a
condition | 20 |
| of probation or conditional discharge, the court shall | 21 |
| impose
a reasonable fee for each day of the use of the | 22 |
| device, as established by the
county board in | 23 |
| subsection (g) of this Section, unless after | 24 |
| determining the
inability of the defendant to pay the | 25 |
| fee, the court assesses a lesser fee or
no fee as the | 26 |
| case may be. This fee shall be imposed in addition to |
|
|
|
HB6163 |
- 25 - |
LRB096 19412 RLC 34803 b |
|
| 1 |
| the fees
imposed under subsections (g) and (i) of this | 2 |
| Section. The fee
shall be collected by the clerk of the | 3 |
| circuit court. The clerk of the circuit
court shall pay | 4 |
| all monies collected from this fee
to the county | 5 |
| treasurer who shall use the monies collected to defray | 6 |
| the
costs of corrections. The county treasurer shall | 7 |
| deposit the fee
collected in the county working cash | 8 |
| fund under Section 6-27001 or Section
6-29002 of the | 9 |
| Counties Code, as the case may be.
| 10 |
| (11) comply with the terms and conditions of an order | 11 |
| of protection issued
by the court pursuant to the Illinois | 12 |
| Domestic Violence Act of 1986,
as now or hereafter amended, | 13 |
| or an order of protection issued by the court of
another | 14 |
| state, tribe, or United States territory. A copy of the | 15 |
| order of
protection shall be
transmitted to the probation | 16 |
| officer or agency
having responsibility for the case;
| 17 |
| (12) reimburse any "local anti-crime program" as | 18 |
| defined in Section 7
of the Anti-Crime Advisory Council Act | 19 |
| for any reasonable expenses incurred
by the program on the | 20 |
| offender's case, not to exceed the maximum amount of
the | 21 |
| fine authorized for the offense for which the defendant was | 22 |
| sentenced;
| 23 |
| (13) contribute a reasonable sum of money, not to | 24 |
| exceed the maximum
amount of the fine authorized for the
| 25 |
| offense for which the defendant was sentenced, (i) to a | 26 |
| "local anti-crime
program", as defined in Section 7 of the |
|
|
|
HB6163 |
- 26 - |
LRB096 19412 RLC 34803 b |
|
| 1 |
| Anti-Crime Advisory Council Act, or (ii) for offenses under | 2 |
| the jurisdiction of the Department of Natural Resources, to | 3 |
| the fund established by the Department of Natural Resources | 4 |
| for the purchase of evidence for investigation purposes and | 5 |
| to conduct investigations as outlined in Section 805-105 of | 6 |
| the Department of Natural Resources (Conservation) Law;
| 7 |
| (14) refrain from entering into a designated | 8 |
| geographic area except upon
such terms as the court finds | 9 |
| appropriate. Such terms may include
consideration of the | 10 |
| purpose of the entry, the time of day, other persons
| 11 |
| accompanying the defendant, and advance approval by a
| 12 |
| probation officer, if
the defendant has been placed on | 13 |
| probation or advance approval by the
court, if the | 14 |
| defendant was placed on conditional discharge;
| 15 |
| (15) refrain from having any contact, directly or | 16 |
| indirectly, with
certain specified persons or particular | 17 |
| types of persons, including but not
limited to members of | 18 |
| street gangs and drug users or dealers;
| 19 |
| (16) refrain from having in his or her body the | 20 |
| presence of any illicit
drug prohibited by the Cannabis | 21 |
| Control Act, the Illinois Controlled
Substances Act, or the | 22 |
| Methamphetamine Control and Community Protection Act, | 23 |
| unless prescribed by a physician, and submit samples of
his | 24 |
| or her blood or urine or both for tests to determine the | 25 |
| presence of any
illicit drug;
| 26 |
| (17) if convicted for an offense committed on or after |
|
|
|
HB6163 |
- 27 - |
LRB096 19412 RLC 34803 b |
|
| 1 |
| June 1, 2008 (the effective date of Public Act 95-464) that | 2 |
| would qualify the accused as a child sex offender as | 3 |
| defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | 4 |
| 1961, refrain from communicating with or contacting, by | 5 |
| means of the Internet, a person who is related to the | 6 |
| accused and whom the accused reasonably believes to be | 7 |
| under 18 years of age; for purposes of this paragraph (17), | 8 |
| "Internet" has the meaning ascribed to it in Section 16J-5 | 9 |
| of the Criminal Code of 1961; and a person is related to | 10 |
| the accused if the person is: (i) the spouse, brother, or | 11 |
| sister of the accused; (ii) a descendant of the accused; | 12 |
| (iii) a first or second cousin of the accused; or (iv) a | 13 |
| step-child or adopted child of the accused; | 14 |
| (18) if convicted for an offense committed on or after | 15 |
| June 1, 2009 (the effective date of Public Act 95-983) that | 16 |
| would qualify as a sex offense as defined in the Sex | 17 |
| Offender Registration Act: | 18 |
| (i) not access or use a computer or any other | 19 |
| device with Internet capability without the prior | 20 |
| written approval of the offender's probation officer, | 21 |
| except in connection with the offender's employment or | 22 |
| search for employment with the prior approval of the | 23 |
| offender's probation officer; | 24 |
| (ii) submit to periodic unannounced examinations | 25 |
| of the offender's computer or any other device with | 26 |
| Internet capability by the offender's probation |
|
|
|
HB6163 |
- 28 - |
LRB096 19412 RLC 34803 b |
|
| 1 |
| officer, a law enforcement officer, or assigned | 2 |
| computer or information technology specialist, | 3 |
| including the retrieval and copying of all data from | 4 |
| the computer or device and any internal or external | 5 |
| peripherals and removal of such information, | 6 |
| equipment, or device to conduct a more thorough | 7 |
| inspection; | 8 |
| (iii) submit to the installation on the offender's | 9 |
| computer or device with Internet capability, at the | 10 |
| subject's expense, of one or more hardware or software | 11 |
| systems to monitor the Internet use; and | 12 |
| (iv) submit to any other appropriate restrictions | 13 |
| concerning the offender's use of or access to a | 14 |
| computer or any other device with Internet capability | 15 |
| imposed by the offender's probation officer; and | 16 |
| (19) refrain from possessing a firearm or other | 17 |
| dangerous weapon where the offense is a misdemeanor that | 18 |
| did not involve the intentional or knowing infliction of | 19 |
| bodily harm or threat of bodily harm. | 20 |
| (c) The court may as a condition of probation or of | 21 |
| conditional
discharge require that a person under 18 years of | 22 |
| age found guilty of any
alcohol, cannabis or controlled | 23 |
| substance violation, refrain from acquiring
a driver's license | 24 |
| during
the period of probation or conditional discharge. If | 25 |
| such person
is in possession of a permit or license, the court | 26 |
| may require that
the minor refrain from driving or operating |
|
|
|
HB6163 |
- 29 - |
LRB096 19412 RLC 34803 b |
|
| 1 |
| any motor vehicle during the
period of probation or conditional | 2 |
| discharge, except as may be necessary in
the course of the | 3 |
| minor's lawful employment.
| 4 |
| (d) An offender sentenced to probation or to conditional | 5 |
| discharge
shall be given a certificate setting forth the | 6 |
| conditions thereof.
| 7 |
| (e) Except where the offender has committed a fourth or | 8 |
| subsequent
violation of subsection (c) of Section 6-303 of the | 9 |
| Illinois Vehicle Code,
the court shall not require as a | 10 |
| condition of the sentence of
probation or conditional discharge | 11 |
| that the offender be committed to a
period of imprisonment in | 12 |
| excess of 6 months.
This 6 month limit shall not include | 13 |
| periods of confinement given pursuant to
a sentence of county | 14 |
| impact incarceration under Section 5-8-1.2.
| 15 |
| Persons committed to imprisonment as a condition of | 16 |
| probation or
conditional discharge shall not be committed to | 17 |
| the Department of
Corrections.
| 18 |
| (f) The court may combine a sentence of periodic | 19 |
| imprisonment under
Article 7 or a sentence to a county impact | 20 |
| incarceration program under
Article 8 with a sentence of | 21 |
| probation or conditional discharge.
| 22 |
| (g) An offender sentenced to probation or to conditional | 23 |
| discharge and
who during the term of either undergoes mandatory | 24 |
| drug or alcohol testing,
or both, or is assigned to be placed | 25 |
| on an approved electronic monitoring
device, shall be ordered | 26 |
| to pay all costs incidental to such mandatory drug
or alcohol |
|
|
|
HB6163 |
- 30 - |
LRB096 19412 RLC 34803 b |
|
| 1 |
| testing, or both, and all costs
incidental to such approved | 2 |
| electronic monitoring in accordance with the
defendant's | 3 |
| ability to pay those costs. The county board with
the | 4 |
| concurrence of the Chief Judge of the judicial
circuit in which | 5 |
| the county is located shall establish reasonable fees for
the | 6 |
| cost of maintenance, testing, and incidental expenses related | 7 |
| to the
mandatory drug or alcohol testing, or both, and all | 8 |
| costs incidental to
approved electronic monitoring, involved | 9 |
| in a successful probation program
for the county. The | 10 |
| concurrence of the Chief Judge shall be in the form of
an | 11 |
| administrative order.
The fees shall be collected by the clerk | 12 |
| of the circuit court. The clerk of
the circuit court shall pay | 13 |
| all moneys collected from these fees to the county
treasurer | 14 |
| who shall use the moneys collected to defray the costs of
drug | 15 |
| testing, alcohol testing, and electronic monitoring.
The | 16 |
| county treasurer shall deposit the fees collected in the
county | 17 |
| working cash fund under Section 6-27001 or Section 6-29002 of | 18 |
| the
Counties Code, as the case may be.
| 19 |
| (h) Jurisdiction over an offender may be transferred from | 20 |
| the
sentencing court to the court of another circuit with the | 21 |
| concurrence of
both courts. Further transfers or retransfers of
| 22 |
| jurisdiction are also
authorized in the same manner. The court | 23 |
| to which jurisdiction has been
transferred shall have the same | 24 |
| powers as the sentencing court.
| 25 |
| (i) The court shall impose upon an offender
sentenced to | 26 |
| probation after January 1, 1989 or to conditional discharge
|
|
|
|
HB6163 |
- 31 - |
LRB096 19412 RLC 34803 b |
|
| 1 |
| after January 1, 1992 or to community service under the | 2 |
| supervision of a
probation or court services department after | 3 |
| January 1, 2004, as a condition of such probation or | 4 |
| conditional
discharge or supervised community service, a fee of | 5 |
| $50
for each month of probation or
conditional
discharge | 6 |
| supervision or supervised community service ordered by the | 7 |
| court, unless after
determining the inability of the person | 8 |
| sentenced to probation or conditional
discharge or supervised | 9 |
| community service to pay the
fee, the court assesses a lesser | 10 |
| fee. The court may not impose the fee on a
minor who is made a | 11 |
| ward of the State under the Juvenile Court Act of 1987
while | 12 |
| the minor is in placement.
The fee shall be imposed only upon
| 13 |
| an offender who is actively supervised by the
probation and | 14 |
| court services
department. The fee shall be collected by the | 15 |
| clerk
of the circuit court. The clerk of the circuit court | 16 |
| shall pay all monies
collected from this fee to the county | 17 |
| treasurer for deposit in the
probation and court services fund | 18 |
| under Section 15.1 of the
Probation and Probation Officers Act.
| 19 |
| A circuit court may not impose a probation fee under this | 20 |
| subsection (i) in excess of $25
per month unless : (1) the | 21 |
| circuit court has adopted, by administrative
order issued by | 22 |
| the chief judge, a standard probation fee guide
determining an | 23 |
| offender's ability to pay , under guidelines developed by
the | 24 |
| Administrative
Office of the Illinois Courts; and (2) the | 25 |
| circuit court has authorized, by
administrative order issued by | 26 |
| the chief judge, the creation of a Crime
Victim's Services |
|
|
|
HB6163 |
- 32 - |
LRB096 19412 RLC 34803 b |
|
| 1 |
| Fund, to be administered by the Chief Judge or his or
her | 2 |
| designee, for services to crime victims and their families. Of | 3 |
| the
amount collected as a probation fee, up to $5 of that fee
| 4 |
| collected per month may be used to provide services to crime | 5 |
| victims
and their families .
| 6 |
| This amendatory Act of the 93rd General Assembly deletes | 7 |
| the $10 increase in the fee under this subsection that was | 8 |
| imposed by Public Act 93-616. This deletion is intended to | 9 |
| control over any other Act of the 93rd General Assembly that | 10 |
| retains or incorporates that fee increase. | 11 |
| (i-5) In addition to the fees imposed under subsection (i) | 12 |
| of this Section, in the case of an offender convicted of a | 13 |
| felony sex offense (as defined in the Sex Offender Management | 14 |
| Board Act) or an offense that the court or probation department | 15 |
| has determined to be sexually motivated (as defined in the Sex | 16 |
| Offender Management Board Act), the court or the probation | 17 |
| department shall assess additional fees to pay for all costs of | 18 |
| treatment, assessment, evaluation for risk and treatment, and | 19 |
| monitoring the offender, based on that offender's ability to | 20 |
| pay those costs either as they occur or under a payment plan. | 21 |
| (j) All fines and costs imposed under this Section for any | 22 |
| violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | 23 |
| Code, or a similar
provision of a local ordinance, and any | 24 |
| violation of the Child Passenger
Protection Act, or a similar | 25 |
| provision of a local ordinance, shall be
collected and | 26 |
| disbursed by the circuit clerk as provided under Section 27.5
|
|
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LRB096 19412 RLC 34803 b |
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| 1 |
| of the Clerks of Courts Act.
| 2 |
| (k) Any offender who is sentenced to probation or | 3 |
| conditional discharge for a felony sex offense as defined in | 4 |
| the Sex Offender Management Board Act or any offense that the | 5 |
| court or probation department has determined to be sexually | 6 |
| motivated as defined in the Sex Offender Management Board Act | 7 |
| shall be required to refrain from any contact, directly or | 8 |
| indirectly, with any persons specified by the court and shall | 9 |
| be available for all evaluations and treatment programs | 10 |
| required by the court or the probation department.
| 11 |
| (l) The court may order an offender who is sentenced to | 12 |
| probation or conditional
discharge for a violation of an order | 13 |
| of protection be placed under electronic surveillance as | 14 |
| provided in Section 5-8A-7 of this Code. | 15 |
| (Source: P.A. 95-331, eff. 8-21-07; 95-464, eff. 6-1-08; | 16 |
| 95-578, eff. 6-1-08; 95-696, eff. 6-1-08; 95-773, eff. 1-1-09; | 17 |
| 95-876, eff. 8-21-08; 95-983, eff. 6-1-09; 96-262, eff. 1-1-10; | 18 |
| 96-328, eff. 8-11-09; 96-362, eff. 1-1-10; 96-695, eff. | 19 |
| 8-25-09; revised 9-25-09.)
| 20 |
| (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
| 21 |
| Sec. 5-6-3.1. Incidents and Conditions of Supervision.
| 22 |
| (a) When a defendant is placed on supervision, the court | 23 |
| shall enter
an order for supervision specifying the period of | 24 |
| such supervision, and
shall defer further proceedings in the | 25 |
| case until the conclusion of the
period.
|
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| (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 |
|
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LRB096 19412 RLC 34803 b |
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| 1 |
| Terrorism Omnibus Prevention Act.
| 2 |
| (c) The court may in addition to other reasonable | 3 |
| conditions
relating to the nature of the offense or the | 4 |
| rehabilitation of the
defendant as determined for each | 5 |
| defendant in the proper discretion of
the court require that | 6 |
| the person:
| 7 |
| (1) make a report to and appear in person before or | 8 |
| participate with
the court or such courts, person, or | 9 |
| social service agency as directed
by the court in the order | 10 |
| of supervision;
| 11 |
| (2) pay a fine and costs;
| 12 |
| (3) work or pursue a course of study or vocational | 13 |
| training;
| 14 |
| (4) undergo medical, psychological or psychiatric | 15 |
| treatment; or
treatment for drug addiction or alcoholism;
| 16 |
| (5) attend or reside in a facility established for the | 17 |
| instruction
or residence of defendants on probation;
| 18 |
| (6) support his dependents;
| 19 |
| (7) refrain from possessing a firearm or other | 20 |
| dangerous weapon;
| 21 |
| (8) and in addition, if a minor:
| 22 |
| (i) reside with his parents or in a foster home;
| 23 |
| (ii) attend school;
| 24 |
| (iii) attend a non-residential program for youth;
| 25 |
| (iv) contribute to his own support at home or in a | 26 |
| foster home; or
|
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LRB096 19412 RLC 34803 b |
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| (v) with the consent of the superintendent of the
| 2 |
| facility, attend an educational program at a facility | 3 |
| other than the school
in which the
offense was | 4 |
| committed if he
or she is placed on supervision for a | 5 |
| crime of violence as
defined in
Section 2 of the Crime | 6 |
| Victims Compensation Act committed in a school, on the
| 7 |
| real
property
comprising a school, or within 1,000 feet | 8 |
| of the real property comprising a
school;
| 9 |
| (9) make restitution or reparation in an amount not to | 10 |
| exceed actual
loss or damage to property and pecuniary loss | 11 |
| or make restitution under Section
5-5-6 to a domestic | 12 |
| violence shelter. The court shall
determine the amount and | 13 |
| conditions of payment;
| 14 |
| (10) perform some reasonable public or community | 15 |
| service;
| 16 |
| (11) comply with the terms and conditions of an order | 17 |
| of protection
issued by the court pursuant to the Illinois | 18 |
| Domestic Violence Act of 1986 or
an order of protection | 19 |
| issued by the court of another state, tribe, or United
| 20 |
| States territory.
If the court has ordered the defendant to | 21 |
| make a report and appear in
person under paragraph (1) of | 22 |
| this subsection, a copy of the order of
protection shall be | 23 |
| transmitted to the person or agency so designated
by the | 24 |
| court;
| 25 |
| (12) reimburse any "local anti-crime program" as | 26 |
| defined in Section 7 of
the Anti-Crime Advisory Council Act |
|
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LRB096 19412 RLC 34803 b |
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| 1 |
| for any reasonable expenses incurred by the
program on the | 2 |
| offender's case, not to exceed the maximum amount of the
| 3 |
| fine authorized for the offense for which the defendant was | 4 |
| sentenced;
| 5 |
| (13) contribute a reasonable sum of money, not to
| 6 |
| exceed the maximum amount of the fine authorized for the | 7 |
| offense for which
the defendant was sentenced, (i) to a | 8 |
| "local anti-crime program", as defined
in Section 7 of the | 9 |
| Anti-Crime Advisory Council Act, or (ii) for offenses under | 10 |
| the jurisdiction of the Department of Natural Resources, to | 11 |
| the fund established by the Department of Natural Resources | 12 |
| for the purchase of evidence for investigation purposes and | 13 |
| to conduct investigations as outlined in Section 805-105 of | 14 |
| the Department of Natural Resources (Conservation) Law;
| 15 |
| (14) refrain from entering into a designated | 16 |
| geographic area except
upon such terms as the court finds | 17 |
| appropriate. Such terms may include
consideration of the | 18 |
| purpose of the entry, the time of day, other persons
| 19 |
| accompanying the defendant, and advance approval by a | 20 |
| probation officer;
| 21 |
| (15) refrain from having any contact, directly or | 22 |
| indirectly, with
certain specified persons or particular | 23 |
| types of person, including but not
limited to members of | 24 |
| street gangs and drug users or dealers;
| 25 |
| (16) refrain from having in his or her body the | 26 |
| presence of any illicit
drug prohibited by the Cannabis |
|
|
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LRB096 19412 RLC 34803 b |
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| 1 |
| Control Act, the Illinois Controlled
Substances Act, or the | 2 |
| Methamphetamine Control and Community Protection Act, | 3 |
| unless prescribed by a physician, and submit samples of
his | 4 |
| or her blood or urine or both for tests to determine the | 5 |
| presence of any
illicit drug;
| 6 |
| (17) refrain from operating any motor vehicle not | 7 |
| equipped with an
ignition interlock device as defined in | 8 |
| Section 1-129.1 of the Illinois
Vehicle Code; under this | 9 |
| condition the court may allow a defendant who is not
| 10 |
| self-employed to operate a vehicle owned by the defendant's | 11 |
| employer that is
not equipped with an ignition interlock | 12 |
| device in the course and scope of the
defendant's | 13 |
| employment; and
| 14 |
| (18) if placed on supervision for a sex offense as | 15 |
| defined in subsection (a-5) of Section 3-1-2 of this Code, | 16 |
| unless the offender is a parent or guardian of the person | 17 |
| under 18 years of age present in the home and no | 18 |
| non-familial minors are present, not participate in a | 19 |
| holiday event involving
children
under 18 years of age, | 20 |
| such as distributing candy or other items to children on
| 21 |
| Halloween,
wearing a Santa Claus costume on or preceding | 22 |
| Christmas, being employed as a
department store Santa | 23 |
| Claus, or wearing an Easter Bunny costume on or
preceding
| 24 |
| Easter. | 25 |
| (d) The court shall defer entering any judgment on the | 26 |
| charges
until the conclusion of the supervision.
|
|
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LRB096 19412 RLC 34803 b |
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| 1 |
| (e) At the conclusion of the period of supervision, if the | 2 |
| court
determines that the defendant has successfully complied | 3 |
| with all of the
conditions of supervision, the court shall | 4 |
| discharge the defendant and
enter a judgment dismissing the | 5 |
| charges.
| 6 |
| (f) Discharge and dismissal upon a successful conclusion of | 7 |
| a
disposition of supervision shall be deemed without | 8 |
| adjudication of guilt
and shall not be termed a conviction for | 9 |
| purposes of disqualification or
disabilities imposed by law | 10 |
| upon conviction of a crime. Two years after the
discharge and | 11 |
| dismissal under this Section, unless the disposition of
| 12 |
| supervision was for a violation of Sections 3-707, 3-708, | 13 |
| 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a | 14 |
| similar
provision of a local ordinance, or for a violation of | 15 |
| Sections 12-3.2
or 16A-3 of the Criminal Code of 1961, in which | 16 |
| case it shall be 5
years after discharge and dismissal, a | 17 |
| person may have his record
of arrest sealed or expunged as may | 18 |
| be provided by law. However, any
defendant placed on | 19 |
| supervision before January 1, 1980, may move for
sealing or | 20 |
| expungement of his arrest record, as provided by law, at any
| 21 |
| time after discharge and dismissal under this Section.
A person | 22 |
| placed on supervision for a sexual offense committed against a | 23 |
| minor
as defined in clause (a)(1)(L) of Section 5.2 of the | 24 |
| Criminal Identification Act
or for a violation of Section | 25 |
| 11-501 of the Illinois Vehicle Code or a
similar provision of a | 26 |
| local ordinance
shall not have his or her record of arrest |
|
|
|
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LRB096 19412 RLC 34803 b |
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| 1 |
| sealed or expunged.
| 2 |
| (g) A defendant placed on supervision and who during the | 3 |
| period of
supervision undergoes mandatory drug or alcohol | 4 |
| testing, or both, or is
assigned to be placed on an approved | 5 |
| electronic monitoring device, shall be
ordered to pay the costs | 6 |
| incidental to such mandatory drug or alcohol
testing, or both, | 7 |
| and costs incidental to such approved electronic
monitoring in | 8 |
| accordance with the defendant's ability to pay those costs.
The | 9 |
| county board with the concurrence of the Chief Judge of the | 10 |
| judicial
circuit in which the county is located shall establish | 11 |
| reasonable fees for
the cost of maintenance, testing, and | 12 |
| incidental expenses related to the
mandatory drug or alcohol | 13 |
| testing, or both, and all costs incidental to
approved | 14 |
| electronic monitoring, of all defendants placed on | 15 |
| supervision.
The concurrence of the Chief Judge shall be in the | 16 |
| form of an
administrative order.
The fees shall be collected by | 17 |
| the clerk of the circuit court. The clerk of
the circuit court | 18 |
| shall pay all moneys collected from these fees to the county
| 19 |
| treasurer who shall use the moneys collected to defray the | 20 |
| costs of
drug testing, alcohol testing, and electronic | 21 |
| monitoring.
The county treasurer shall deposit the fees | 22 |
| collected in the
county working cash fund under Section 6-27001 | 23 |
| or Section 6-29002 of the
Counties Code, as the case may be.
| 24 |
| (h) A disposition of supervision is a final order for the | 25 |
| purposes
of appeal.
| 26 |
| (i) The court shall impose upon a defendant placed on |
|
|
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LRB096 19412 RLC 34803 b |
|
| 1 |
| supervision
after January 1, 1992 or to community service under | 2 |
| the supervision of a
probation or court services department | 3 |
| after January 1, 2004, as a condition
of supervision or | 4 |
| supervised community service, a fee of $50 for
each month of | 5 |
| supervision or supervised community service ordered by the
| 6 |
| court, unless after
determining the inability of the person | 7 |
| placed on supervision or supervised
community service to pay | 8 |
| the
fee, the court assesses a lesser fee. The court may not | 9 |
| impose the fee on a
minor who is made a ward of the State under | 10 |
| the Juvenile Court Act of 1987
while the minor is in placement.
| 11 |
| The fee shall be imposed only upon a
defendant who is actively | 12 |
| supervised by the
probation and court services
department. The | 13 |
| fee shall be collected by the clerk of the circuit court.
The | 14 |
| clerk of the circuit court shall pay all monies collected from | 15 |
| this fee
to the county treasurer for deposit in the probation | 16 |
| and court services
fund pursuant to Section 15.1 of the | 17 |
| Probation and
Probation Officers Act.
| 18 |
| A circuit court may not impose a probation fee in excess of | 19 |
| $25
per month unless : (1) the circuit court has adopted, by | 20 |
| administrative
order issued by the chief judge, a standard | 21 |
| probation fee guide
determining an offender's ability to pay , | 22 |
| under guidelines developed by
the Administrative
Office of the | 23 |
| Illinois Courts; and (2) the circuit court has authorized, by
| 24 |
| administrative order issued by the chief judge, the creation of | 25 |
| a Crime
Victim's Services Fund, to be administered by the Chief | 26 |
| Judge or his or
her designee, for services to crime victims and |
|
|
|
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LRB096 19412 RLC 34803 b |
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| 1 |
| their families . Of the
amount collected as a probation fee, not | 2 |
| to exceed $5 of that fee
collected per month may be used to | 3 |
| provide services to crime victims
and their families.
| 4 |
| (j) All fines and costs imposed under this Section for any
| 5 |
| violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle | 6 |
| Code, or a
similar provision of a local ordinance, and any | 7 |
| violation of the Child
Passenger Protection Act, or a similar | 8 |
| provision of a local ordinance, shall
be collected and | 9 |
| disbursed by the circuit clerk as provided under Section
27.5 | 10 |
| of the Clerks of Courts Act.
| 11 |
| (k) A defendant at least 17 years of age who is placed on | 12 |
| supervision
for a misdemeanor in a county of 3,000,000 or more | 13 |
| inhabitants
and who has not been previously convicted of a | 14 |
| misdemeanor or felony
may as a condition of his or her | 15 |
| supervision be required by the court to
attend educational | 16 |
| courses designed to prepare the defendant for a high school
| 17 |
| diploma and to work toward a high school diploma or to work | 18 |
| toward passing the
high school level Test of General | 19 |
| Educational Development (GED) or to work
toward completing a | 20 |
| vocational training program approved by the court. The
| 21 |
| defendant placed on supervision must attend a public | 22 |
| institution of education
to obtain the educational or | 23 |
| vocational training required by this subsection
(k). The | 24 |
| defendant placed on supervision shall be required to pay for | 25 |
| the cost
of the educational courses or GED test, if a fee is | 26 |
| charged for those courses
or test. The court shall revoke the |
|
|
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LRB096 19412 RLC 34803 b |
|
| 1 |
| supervision of a person who wilfully fails
to comply with this | 2 |
| subsection (k). The court shall resentence the defendant
upon | 3 |
| revocation of supervision as provided in Section 5-6-4. This | 4 |
| subsection
(k) does not apply to a defendant who has a high | 5 |
| school diploma or has
successfully passed the GED test. This | 6 |
| subsection (k) does not apply to a
defendant who is determined | 7 |
| by the court to be developmentally disabled or
otherwise | 8 |
| mentally incapable of completing the
educational or vocational | 9 |
| program.
| 10 |
| (l) The court shall require a defendant placed on | 11 |
| supervision for
possession of a substance
prohibited by the | 12 |
| Cannabis Control Act, the Illinois Controlled Substances Act, | 13 |
| or the Methamphetamine Control and Community Protection Act
| 14 |
| after a previous conviction or disposition of supervision for | 15 |
| possession of a
substance prohibited by the Cannabis Control | 16 |
| Act, the Illinois Controlled
Substances Act, or the | 17 |
| Methamphetamine Control and Community Protection Act or a | 18 |
| sentence of probation under Section 10 of the Cannabis
Control | 19 |
| Act or Section 410 of the Illinois Controlled Substances Act
| 20 |
| and after a finding by the court that the person is addicted, | 21 |
| to undergo
treatment at a substance abuse program approved by | 22 |
| the court.
| 23 |
| (m) The Secretary of State shall require anyone placed on | 24 |
| court supervision
for a
violation of Section 3-707 of the | 25 |
| Illinois Vehicle Code or a similar provision
of a local | 26 |
| ordinance
to give proof of his or her financial
responsibility |
|
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LRB096 19412 RLC 34803 b |
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| 1 |
| as
defined in Section 7-315 of the Illinois Vehicle Code. The | 2 |
| proof shall be
maintained by the individual in a manner | 3 |
| satisfactory to the Secretary of State
for
a
minimum period of | 4 |
| 3 years after the date the proof is first filed.
The proof | 5 |
| shall be limited to a single action per arrest and may not be
| 6 |
| affected by any post-sentence disposition. The Secretary of | 7 |
| State shall
suspend the driver's license of any person
| 8 |
| determined by the Secretary to be in violation of this | 9 |
| subsection. | 10 |
| (n) Any offender placed on supervision for any offense that | 11 |
| the court or probation department has determined to be sexually | 12 |
| motivated as defined in the Sex Offender Management Board Act | 13 |
| shall be required to refrain from any contact, directly or | 14 |
| indirectly, with any persons specified by the court and shall | 15 |
| be available for all evaluations and treatment programs | 16 |
| required by the court or the probation department.
| 17 |
| (o) An offender placed on supervision for a sex offense as | 18 |
| defined in the Sex Offender
Management Board Act shall refrain | 19 |
| from residing at the same address or in the same condominium | 20 |
| unit or apartment unit or in the same condominium complex or | 21 |
| apartment complex with another person he or she knows or | 22 |
| reasonably should know is a convicted sex offender or has been | 23 |
| placed on supervision for a sex offense. The provisions of this | 24 |
| subsection (o) do not apply to a person convicted of a sex | 25 |
| offense who is placed in a Department of Corrections licensed | 26 |
| transitional housing facility for sex offenders. |
|
|
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LRB096 19412 RLC 34803 b |
|
| 1 |
| (p) An offender placed on supervision for an offense | 2 |
| committed on or after June 1, 2008
(the effective date of | 3 |
| Public Act 95-464)
that would qualify the accused as a child | 4 |
| sex offender as defined in Section 11-9.3 or 11-9.4 of the | 5 |
| Criminal Code of 1961 shall refrain from communicating with or | 6 |
| contacting, by means of the Internet, a person who is not | 7 |
| related to the accused and whom the accused reasonably believes | 8 |
| to be under 18 years of age. For purposes of this subsection | 9 |
| (p), "Internet" has the meaning ascribed to it in Section 16J-5 | 10 |
| of the Criminal Code of 1961; and a person is not related to | 11 |
| the accused if the person is not: (i) the spouse, brother, or | 12 |
| sister of the accused; (ii) a descendant of the accused; (iii) | 13 |
| a first or second cousin of the accused; or (iv) a step-child | 14 |
| or adopted child of the accused.
| 15 |
| (q) An offender placed on supervision for an offense | 16 |
| committed on or after June 1, 2008
(the effective date of | 17 |
| Public Act 95-464)
that would qualify the accused as a child | 18 |
| sex offender as defined in Section 11-9.3 or 11-9.4 of the | 19 |
| Criminal Code of 1961 shall, if so ordered by the court, | 20 |
| refrain from communicating with or contacting, by means of the | 21 |
| Internet, a person who is related to the accused and whom the | 22 |
| accused reasonably believes to be under 18 years of age. For | 23 |
| purposes of this subsection (q), "Internet" has the meaning | 24 |
| ascribed to it in Section 16J-5 of the Criminal Code of 1961; | 25 |
| and a person is related to the accused if the person is: (i) | 26 |
| the spouse, brother, or sister of the accused; (ii) a |
|
|
|
HB6163 |
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LRB096 19412 RLC 34803 b |
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| 1 |
| descendant of the accused; (iii) a first or second cousin of | 2 |
| the accused; or (iv) a step-child or adopted child of the | 3 |
| accused.
| 4 |
| (r) An offender placed on supervision for an offense under | 5 |
| Section 11-6, 11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of | 6 |
| the Criminal Code of 1961, or any attempt to commit any of | 7 |
| these offenses, committed on or after the effective date of | 8 |
| this amendatory Act of the 95th General Assembly shall: | 9 |
| (i) not access or use a computer or any other device | 10 |
| with Internet capability without the prior written | 11 |
| approval of the court, except in connection with the | 12 |
| offender's employment or search for employment with the | 13 |
| prior approval of the court; | 14 |
| (ii) submit to periodic unannounced examinations of | 15 |
| the offender's computer or any other device with Internet | 16 |
| capability by the offender's probation officer, a law | 17 |
| enforcement officer, or assigned computer or information | 18 |
| technology specialist, including the retrieval and copying | 19 |
| of all data from the computer or device and any internal or | 20 |
| external peripherals and removal of such information, | 21 |
| equipment, or device to conduct a more thorough inspection; | 22 |
| (iii) submit to the installation on the offender's | 23 |
| computer or device with Internet capability, at the | 24 |
| offender's expense, of one or more hardware or software | 25 |
| systems to monitor the Internet use; and | 26 |
| (iv) submit to any other appropriate restrictions |
|
|
|
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LRB096 19412 RLC 34803 b |
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| 1 |
| concerning the offender's use of or access to a computer or | 2 |
| any other device with Internet capability imposed by the | 3 |
| court. | 4 |
| (s) An offender placed on supervision for an offense that | 5 |
| is a sex offense as defined in Section 2 of the Sex Offender | 6 |
| Registration Act that is committed on or after January 1, 2010 | 7 |
| ( the effective date of Public Act 96-362) this amendatory Act | 8 |
| of the 96th General Assembly that requires the person to | 9 |
| register as a sex offender under that Act, may not knowingly | 10 |
| use any computer scrub software on any computer that the sex | 11 |
| offender uses. | 12 |
| (t) (s) An offender placed on supervision for a sex offense | 13 |
| as defined in the Sex Offender
Registration Act committed on or | 14 |
| after January 1, 2010 ( the effective date of Public Act 96-262) | 15 |
| this amendatory Act of the 96th General Assembly shall refrain | 16 |
| from accessing or using a social networking website as defined | 17 |
| in Section 16D-2 of the Criminal Code of 1961. | 18 |
| (Source: P.A. 95-211, eff. 1-1-08; 95-331, eff. 8-21-07; | 19 |
| 95-464, eff. 6-1-08; 95-696, eff. 6-1-08; 95-876, eff. 8-21-08; | 20 |
| 95-983, eff. 6-1-09; 96-262, eff. 1-1-10; 96-362, eff. 1-1-10; | 21 |
| 96-409, eff. 1-1-10; revised 9-25-09.)
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