HB1919 EngrossedLRB098 07518 RLC 37589 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 5-6-3.1 as follows:
6    (730 ILCS 5/5-6-3.1)  (from Ch. 38, par. 1005-6-3.1)
7    Sec. 5-6-3.1. Incidents and Conditions of Supervision.
8    (a) When a defendant is placed on supervision, the court
9shall enter an order for supervision specifying the period of
10such supervision, and shall defer further proceedings in the
11case until the conclusion of the period.
12    (b) The period of supervision shall be reasonable under all
13of the circumstances of the case, but may not be longer than 2
14years, unless the defendant has failed to pay the assessment
15required by Section 10.3 of the Cannabis Control Act, Section
16411.2 of the Illinois Controlled Substances Act, or Section 80
17of the Methamphetamine Control and Community Protection Act, in
18which case the court may extend supervision beyond 2 years.
19Additionally, the court shall order the defendant to perform no
20less than 30 hours of community service and not more than 120
21hours of community service, if community service is available
22in the jurisdiction and is funded and approved by the county
23board where the offense was committed, when the offense (1) was



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1related to or in furtherance of the criminal activities of an
2organized gang or was motivated by the defendant's membership
3in or allegiance to an organized gang; or (2) is a violation of
4any Section of Article 24 of the Criminal Code of 1961 or the
5Criminal Code of 2012 where a disposition of supervision is not
6prohibited by Section 5-6-1 of this Code. The community service
7shall include, but not be limited to, the cleanup and repair of
8any damage caused by violation of Section 21-1.3 of the
9Criminal Code of 1961 or the Criminal Code of 2012 and similar
10damages to property located within the municipality or county
11in which the violation occurred. Where possible and reasonable,
12the community service should be performed in the offender's
14    For the purposes of this Section, "organized gang" has the
15meaning ascribed to it in Section 10 of the Illinois Streetgang
16Terrorism Omnibus Prevention Act.
17    (c) The court may in addition to other reasonable
18conditions relating to the nature of the offense or the
19rehabilitation of the defendant as determined for each
20defendant in the proper discretion of the court require that
21the person:
22        (1) make a report to and appear in person before or
23    participate with the court or such courts, person, or
24    social service agency as directed by the court in the order
25    of supervision;
26        (2) pay a fine and costs;



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1        (3) work or pursue a course of study or vocational
2    training;
3        (4) undergo medical, psychological or psychiatric
4    treatment; or treatment for drug addiction or alcoholism;
5        (5) attend or reside in a facility established for the
6    instruction or residence of defendants on probation;
7        (6) support his dependents;
8        (7) refrain from possessing a firearm or other
9    dangerous weapon;
10        (8) and in addition, if a minor:
11            (i) reside with his parents or in a foster home;
12            (ii) attend school;
13            (iii) attend a non-residential program for youth;
14            (iv) contribute to his own support at home or in a
15        foster home; or
16            (v) with the consent of the superintendent of the
17        facility, attend an educational program at a facility
18        other than the school in which the offense was
19        committed if he or she is placed on supervision for a
20        crime of violence as defined in Section 2 of the Crime
21        Victims Compensation Act committed in a school, on the
22        real property comprising a school, or within 1,000 feet
23        of the real property comprising a school;
24        (9) make restitution or reparation in an amount not to
25    exceed actual loss or damage to property and pecuniary loss
26    or make restitution under Section 5-5-6 to a domestic



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1    violence shelter. The court shall determine the amount and
2    conditions of payment;
3        (10) perform some reasonable public or community
4    service;
5        (11) comply with the terms and conditions of an order
6    of protection issued by the court pursuant to the Illinois
7    Domestic Violence Act of 1986 or an order of protection
8    issued by the court of another state, tribe, or United
9    States territory. If the court has ordered the defendant to
10    make a report and appear in person under paragraph (1) of
11    this subsection, a copy of the order of protection shall be
12    transmitted to the person or agency so designated by the
13    court;
14        (12) reimburse any "local anti-crime program" as
15    defined in Section 7 of the Anti-Crime Advisory Council Act
16    for any reasonable expenses incurred by the program on the
17    offender's case, not to exceed the maximum amount of the
18    fine authorized for the offense for which the defendant was
19    sentenced;
20        (13) contribute a reasonable sum of money, not to
21    exceed the maximum amount of the fine authorized for the
22    offense for which the defendant was sentenced, (i) to a
23    "local anti-crime program", as defined in Section 7 of the
24    Anti-Crime Advisory Council Act, or (ii) for offenses under
25    the jurisdiction of the Department of Natural Resources, to
26    the fund established by the Department of Natural Resources



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1    for the purchase of evidence for investigation purposes and
2    to conduct investigations as outlined in Section 805-105 of
3    the Department of Natural Resources (Conservation) Law, or
4    (iii) to a local high school after-prom program;
5        (14) refrain from entering into a designated
6    geographic area except upon such terms as the court finds
7    appropriate. Such terms may include consideration of the
8    purpose of the entry, the time of day, other persons
9    accompanying the defendant, and advance approval by a
10    probation officer;
11        (15) refrain from having any contact, directly or
12    indirectly, with certain specified persons or particular
13    types of person, including but not limited to members of
14    street gangs and drug users or dealers;
15        (16) refrain from having in his or her body the
16    presence of any illicit drug prohibited by the Cannabis
17    Control Act, the Illinois Controlled Substances Act, or the
18    Methamphetamine Control and Community Protection Act,
19    unless prescribed by a physician, and submit samples of his
20    or her blood or urine or both for tests to determine the
21    presence of any illicit drug;
22        (17) refrain from operating any motor vehicle not
23    equipped with an ignition interlock device as defined in
24    Section 1-129.1 of the Illinois Vehicle Code; under this
25    condition the court may allow a defendant who is not
26    self-employed to operate a vehicle owned by the defendant's



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1    employer that is not equipped with an ignition interlock
2    device in the course and scope of the defendant's
3    employment; and
4        (18) if placed on supervision for a sex offense as
5    defined in subsection (a-5) of Section 3-1-2 of this Code,
6    unless the offender is a parent or guardian of the person
7    under 18 years of age present in the home and no
8    non-familial minors are present, not participate in a
9    holiday event involving children under 18 years of age,
10    such as distributing candy or other items to children on
11    Halloween, wearing a Santa Claus costume on or preceding
12    Christmas, being employed as a department store Santa
13    Claus, or wearing an Easter Bunny costume on or preceding
14    Easter.
15    (d) The court shall defer entering any judgment on the
16charges until the conclusion of the supervision.
17    (e) At the conclusion of the period of supervision, if the
18court determines that the defendant has successfully complied
19with all of the conditions of supervision, the court shall
20discharge the defendant and enter a judgment dismissing the
22    (f) Discharge and dismissal upon a successful conclusion of
23a disposition of supervision shall be deemed without
24adjudication of guilt and shall not be termed a conviction for
25purposes of disqualification or disabilities imposed by law
26upon conviction of a crime. Two years after the discharge and



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1dismissal under this Section, unless the disposition of
2supervision was for a violation of Sections 3-707, 3-708,
33-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a
4similar provision of a local ordinance, or for a violation of
5Sections 12-3.2, 16-25, or 16A-3 of the Criminal Code of 1961
6or the Criminal Code of 2012, in which case it shall be 5 years
7after discharge and dismissal, a person may have his record of
8arrest sealed or expunged as may be provided by law. However,
9any defendant placed on supervision before January 1, 1980, may
10move for sealing or expungement of his arrest record, as
11provided by law, at any time after discharge and dismissal
12under this Section. A person placed on supervision for a sexual
13offense committed against a minor as defined in clause
14(a)(1)(L) of Section 5.2 of the Criminal Identification Act or
15for a violation of Section 11-501 of the Illinois Vehicle Code
16or a similar provision of a local ordinance shall not have his
17or her record of arrest sealed or expunged.
18    (g) A defendant placed on supervision and who during the
19period of supervision undergoes mandatory drug or alcohol
20testing, or both, or is assigned to be placed on an approved
21electronic monitoring device, shall be ordered to pay the costs
22incidental to such mandatory drug or alcohol testing, or both,
23and costs incidental to such approved electronic monitoring in
24accordance with the defendant's ability to pay those costs. The
25county board with the concurrence of the Chief Judge of the
26judicial circuit in which the county is located shall establish



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1reasonable fees for the cost of maintenance, testing, and
2incidental expenses related to the mandatory drug or alcohol
3testing, or both, and all costs incidental to approved
4electronic monitoring, of all defendants placed on
5supervision. The concurrence of the Chief Judge shall be in the
6form of an administrative order. The fees shall be collected by
7the clerk of the circuit court. The clerk of the circuit court
8shall pay all moneys collected from these fees to the county
9treasurer who shall use the moneys collected to defray the
10costs of drug testing, alcohol testing, and electronic
11monitoring. The county treasurer shall deposit the fees
12collected in the county working cash fund under Section 6-27001
13or Section 6-29002 of the Counties Code, as the case may be.
14    (h) A disposition of supervision is a final order for the
15purposes of appeal.
16    (i) The court shall impose upon a defendant placed on
17supervision after January 1, 1992 or to community service under
18the supervision of a probation or court services department
19after January 1, 2004, as a condition of supervision or
20supervised community service, a fee of $50 for each month of
21supervision or supervised community service ordered by the
22court, unless after determining the inability of the person
23placed on supervision or supervised community service to pay
24the fee, the court assesses a lesser fee. The court may not
25impose the fee on a minor who is made a ward of the State under
26the Juvenile Court Act of 1987 while the minor is in placement.



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1The fee shall be imposed only upon a defendant who is actively
2supervised by the probation and court services department. The
3fee shall be collected by the clerk of the circuit court. The
4clerk of the circuit court shall pay all monies collected from
5this fee to the county treasurer for deposit in the probation
6and court services fund pursuant to Section 15.1 of the
7Probation and Probation Officers Act.
8    A circuit court may not impose a probation fee in excess of
9$25 per month unless the circuit court has adopted, by
10administrative order issued by the chief judge, a standard
11probation fee guide determining an offender's ability to pay.
12Of the amount collected as a probation fee, not to exceed $5 of
13that fee collected per month may be used to provide services to
14crime victims and their families.
15    The Court may only waive probation fees based on an
16offender's ability to pay. The probation department may
17re-evaluate an offender's ability to pay every 6 months, and,
18with the approval of the Director of Court Services or the
19Chief Probation Officer, adjust the monthly fee amount. An
20offender may elect to pay probation fees due in a lump sum. Any
21offender that has been assigned to the supervision of a
22probation department, or has been transferred either under
23subsection (h) of this Section or under any interstate compact,
24shall be required to pay probation fees to the department
25supervising the offender, based on the offender's ability to



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1    (j) All fines and costs imposed under this Section for any
2violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
3Code, or a similar provision of a local ordinance, and any
4violation of the Child Passenger Protection Act, or a similar
5provision of a local ordinance, shall be collected and
6disbursed by the circuit clerk as provided under Section 27.5
7of the Clerks of Courts Act.
8    (k) A defendant at least 17 years of age who is placed on
9supervision for a misdemeanor in a county of 3,000,000 or more
10inhabitants and who has not been previously convicted of a
11misdemeanor or felony may as a condition of his or her
12supervision be required by the court to attend educational
13courses designed to prepare the defendant for a high school
14diploma and to work toward a high school diploma or to work
15toward passing the high school level Test of General
16Educational Development (GED) or to work toward completing a
17vocational training program approved by the court. The
18defendant placed on supervision must attend a public
19institution of education to obtain the educational or
20vocational training required by this subsection (k). The
21defendant placed on supervision shall be required to pay for
22the cost of the educational courses or GED test, if a fee is
23charged for those courses or test. The court shall revoke the
24supervision of a person who wilfully fails to comply with this
25subsection (k). The court shall resentence the defendant upon
26revocation of supervision as provided in Section 5-6-4. This



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1subsection (k) does not apply to a defendant who has a high
2school diploma or has successfully passed the GED test. This
3subsection (k) does not apply to a defendant who is determined
4by the court to be developmentally disabled or otherwise
5mentally incapable of completing the educational or vocational
7    (l) The court shall require a defendant placed on
8supervision for possession of a substance prohibited by the
9Cannabis Control Act, the Illinois Controlled Substances Act,
10or the Methamphetamine Control and Community Protection Act
11after a previous conviction or disposition of supervision for
12possession of a substance prohibited by the Cannabis Control
13Act, the Illinois Controlled Substances Act, or the
14Methamphetamine Control and Community Protection Act or a
15sentence of probation under Section 10 of the Cannabis Control
16Act or Section 410 of the Illinois Controlled Substances Act
17and after a finding by the court that the person is addicted,
18to undergo treatment at a substance abuse program approved by
19the court.
20    (m) The Secretary of State shall require anyone placed on
21court supervision for a violation of Section 3-707 of the
22Illinois Vehicle Code or a similar provision of a local
23ordinance to give proof of his or her financial responsibility
24as defined in Section 7-315 of the Illinois Vehicle Code. The
25proof shall be maintained by the individual in a manner
26satisfactory to the Secretary of State for a minimum period of



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13 years after the date the proof is first filed. The proof
2shall be limited to a single action per arrest and may not be
3affected by any post-sentence disposition. The Secretary of
4State shall suspend the driver's license of any person
5determined by the Secretary to be in violation of this
7    (n) Any offender placed on supervision for any offense that
8the court or probation department has determined to be sexually
9motivated as defined in the Sex Offender Management Board Act
10shall be required to refrain from any contact, directly or
11indirectly, with any persons specified by the court and shall
12be available for all evaluations and treatment programs
13required by the court or the probation department.
14    (o) An offender placed on supervision for a sex offense as
15defined in the Sex Offender Management Board Act shall refrain
16from residing at the same address or in the same condominium
17unit or apartment unit or in the same condominium complex or
18apartment complex with another person he or she knows or
19reasonably should know is a convicted sex offender or has been
20placed on supervision for a sex offense. The provisions of this
21subsection (o) do not apply to a person convicted of a sex
22offense who is placed in a Department of Corrections licensed
23transitional housing facility for sex offenders.
24    (p) An offender placed on supervision for an offense
25committed on or after June 1, 2008 (the effective date of
26Public Act 95-464) that would qualify the accused as a child



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1sex offender as defined in Section 11-9.3 or 11-9.4 of the
2Criminal Code of 1961 or the Criminal Code of 2012 shall
3refrain from communicating with or contacting, by means of the
4Internet, a person who is not related to the accused and whom
5the accused reasonably believes to be under 18 years of age.
6For purposes of this subsection (p), "Internet" has the meaning
7ascribed to it in Section 16-0.1 of the Criminal Code of 2012;
8and a person is not related to the accused if the person is
9not: (i) the spouse, brother, or sister of the accused; (ii) a
10descendant of the accused; (iii) a first or second cousin of
11the accused; or (iv) a step-child or adopted child of the
13    (q) An offender placed on supervision for an offense
14committed on or after June 1, 2008 (the effective date of
15Public Act 95-464) that would qualify the accused as a child
16sex offender as defined in Section 11-9.3 or 11-9.4 of the
17Criminal Code of 1961 or the Criminal Code of 2012 shall, if so
18ordered by the court, refrain from communicating with or
19contacting, by means of the Internet, a person who is related
20to the accused and whom the accused reasonably believes to be
21under 18 years of age. For purposes of this subsection (q),
22"Internet" has the meaning ascribed to it in Section 16-0.1 of
23the Criminal Code of 2012; and a person is related to the
24accused if the person is: (i) the spouse, brother, or sister of
25the accused; (ii) a descendant of the accused; (iii) a first or
26second cousin of the accused; or (iv) a step-child or adopted



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1child of the accused.
2    (r) An offender placed on supervision for an offense under
3Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a
4juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or
511-21 of the Criminal Code of 1961 or the Criminal Code of
62012, or any attempt to commit any of these offenses, committed
7on or after the effective date of this amendatory Act of the
895th 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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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
5is a sex offense as defined in Section 2 of the Sex Offender
6Registration Act that is committed on or after January 1, 2010
7(the effective date of Public Act 96-362) that requires the
8person to register as a sex offender under that Act, may not
9knowingly use any computer scrub software on any computer that
10the sex offender uses.
11    (t) An offender placed on supervision for a sex offense as
12defined in the Sex Offender Registration Act committed on or
13after January 1, 2010 (the effective date of Public Act 96-262)
14shall refrain from accessing or using a social networking
15website as defined in Section 17-0.5 of the Criminal Code of
17    (u) Jurisdiction over an offender may be transferred from
18the sentencing court to the court of another circuit with the
19concurrence of both courts. Further transfers or retransfers of
20jurisdiction are also authorized in the same manner. The court
21to which jurisdiction has been transferred shall have the same
22powers as the sentencing court. The probation department within
23the circuit to which jurisdiction has been transferred may
24impose probation fees upon receiving the transferred offender,
25as provided in subsection (i). The probation department from
26the original sentencing court shall retain all probation fees



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1collected prior to the transfer.
2(Source: P.A. 96-262, eff. 1-1-10; 96-362, eff. 1-1-10; 96-409,
3eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1414, eff. 1-1-11;
496-1551, Article 2, Section 1065, eff. 7-1-11; 96-1551, Article
510, Section 10-150, eff. 7-1-11; 97-454, eff. 1-1-12; 97-597,
6eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)