Rep. Jil Tracy

Filed: 3/8/2013





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2    AMENDMENT NO. ______. Amend House Bill 1919 by replacing
3everything after the enacting clause with the following:
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



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1of the Methamphetamine Control and Community Protection Act, in
2which case the court may extend supervision beyond 2 years.
3Additionally, the court shall order the defendant to perform no
4less than 30 hours of community service and not more than 120
5hours of community service, if community service is available
6in the jurisdiction and is funded and approved by the county
7board where the offense was committed, when the offense (1) was
8related to or in furtherance of the criminal activities of an
9organized gang or was motivated by the defendant's membership
10in or allegiance to an organized gang; or (2) is a violation of
11any Section of Article 24 of the Criminal Code of 1961 or the
12Criminal Code of 2012 where a disposition of supervision is not
13prohibited by Section 5-6-1 of this Code. The community service
14shall include, but not be limited to, the cleanup and repair of
15any damage caused by violation of Section 21-1.3 of the
16Criminal Code of 1961 or the Criminal Code of 2012 and similar
17damages to property located within the municipality or county
18in which the violation occurred. Where possible and reasonable,
19the community service should be performed in the offender's
21    For the purposes of this Section, "organized gang" has the
22meaning ascribed to it in Section 10 of the Illinois Streetgang
23Terrorism Omnibus Prevention Act.
24    (c) The court may in addition to other reasonable
25conditions relating to the nature of the offense or the
26rehabilitation of the defendant as determined for each



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1defendant in the proper discretion of the court require that
2the person:
3        (1) make a report to and appear in person before or
4    participate with the court or such courts, person, or
5    social service agency as directed by the court in the order
6    of supervision;
7        (2) pay a fine and costs;
8        (3) work or pursue a course of study or vocational
9    training;
10        (4) undergo medical, psychological or psychiatric
11    treatment; or treatment for drug addiction or alcoholism;
12        (5) attend or reside in a facility established for the
13    instruction or residence of defendants on probation;
14        (6) support his dependents;
15        (7) refrain from possessing a firearm or other
16    dangerous weapon;
17        (8) and in addition, if a minor:
18            (i) reside with his parents or in a foster home;
19            (ii) attend school;
20            (iii) attend a non-residential program for youth;
21            (iv) contribute to his own support at home or in a
22        foster home; or
23            (v) with the consent of the superintendent of the
24        facility, attend an educational program at a facility
25        other than the school in which the offense was
26        committed if he or she is placed on supervision for a



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1        crime of violence as defined in Section 2 of the Crime
2        Victims Compensation Act committed in a school, on the
3        real property comprising a school, or within 1,000 feet
4        of the real property comprising a school;
5        (9) make restitution or reparation in an amount not to
6    exceed actual loss or damage to property and pecuniary loss
7    or make restitution under Section 5-5-6 to a domestic
8    violence shelter. The court shall determine the amount and
9    conditions of payment;
10        (10) perform some reasonable public or community
11    service;
12        (11) comply with the terms and conditions of an order
13    of protection issued by the court pursuant to the Illinois
14    Domestic Violence Act of 1986 or an order of protection
15    issued by the court of another state, tribe, or United
16    States territory. If the court has ordered the defendant to
17    make a report and appear in person under paragraph (1) of
18    this subsection, a copy of the order of protection shall be
19    transmitted to the person or agency so designated by the
20    court;
21        (12) reimburse any "local anti-crime program" as
22    defined in Section 7 of the Anti-Crime Advisory Council Act
23    for any reasonable expenses incurred by the program on the
24    offender's case, not to exceed the maximum amount of the
25    fine authorized for the offense for which the defendant was
26    sentenced;



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1        (13) contribute a reasonable sum of money, not to
2    exceed the maximum amount of the fine authorized for the
3    offense for which the defendant was sentenced, (i) to a
4    "local anti-crime program", as defined in Section 7 of the
5    Anti-Crime Advisory Council Act, or (ii) for offenses under
6    the jurisdiction of the Department of Natural Resources, to
7    the fund established by the Department of Natural Resources
8    for the purchase of evidence for investigation purposes and
9    to conduct investigations as outlined in Section 805-105 of
10    the Department of Natural Resources (Conservation) Law, or
11    (iii) to a local high school after-prom program;
12        (14) refrain from entering into a designated
13    geographic area except upon such terms as the court finds
14    appropriate. Such terms may include consideration of the
15    purpose of the entry, the time of day, other persons
16    accompanying the defendant, and advance approval by a
17    probation officer;
18        (15) refrain from having any contact, directly or
19    indirectly, with certain specified persons or particular
20    types of person, including but not limited to members of
21    street gangs and drug users or dealers;
22        (16) refrain from having in his or her body the
23    presence of any illicit drug prohibited by the Cannabis
24    Control Act, the Illinois Controlled Substances Act, or the
25    Methamphetamine Control and Community Protection Act,
26    unless prescribed by a physician, and submit samples of his



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1    or her blood or urine or both for tests to determine the
2    presence of any illicit drug;
3        (17) refrain from operating any motor vehicle not
4    equipped with an ignition interlock device as defined in
5    Section 1-129.1 of the Illinois Vehicle Code; under this
6    condition the court may allow a defendant who is not
7    self-employed to operate a vehicle owned by the defendant's
8    employer that is not equipped with an ignition interlock
9    device in the course and scope of the defendant's
10    employment; and
11        (18) if placed on supervision for a sex offense as
12    defined in subsection (a-5) of Section 3-1-2 of this Code,
13    unless the offender is a parent or guardian of the person
14    under 18 years of age present in the home and no
15    non-familial minors are present, not participate in a
16    holiday event involving children under 18 years of age,
17    such as distributing candy or other items to children on
18    Halloween, wearing a Santa Claus costume on or preceding
19    Christmas, being employed as a department store Santa
20    Claus, or wearing an Easter Bunny costume on or preceding
21    Easter.
22    (d) The court shall defer entering any judgment on the
23charges until the conclusion of the supervision.
24    (e) At the conclusion of the period of supervision, if the
25court determines that the defendant has successfully complied
26with all of the conditions of supervision, the court shall



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1discharge the defendant and enter a judgment dismissing the
3    (f) Discharge and dismissal upon a successful conclusion of
4a disposition of supervision shall be deemed without
5adjudication of guilt and shall not be termed a conviction for
6purposes of disqualification or disabilities imposed by law
7upon conviction of a crime. Two years after the discharge and
8dismissal under this Section, unless the disposition of
9supervision was for a violation of Sections 3-707, 3-708,
103-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a
11similar provision of a local ordinance, or for a violation of
12Sections 12-3.2, 16-25, or 16A-3 of the Criminal Code of 1961
13or the Criminal Code of 2012, in which case it shall be 5 years
14after discharge and dismissal, a person may have his record of
15arrest sealed or expunged as may be provided by law. However,
16any defendant placed on supervision before January 1, 1980, may
17move for sealing or expungement of his arrest record, as
18provided by law, at any time after discharge and dismissal
19under this Section. A person placed on supervision for a sexual
20offense committed against a minor as defined in clause
21(a)(1)(L) of Section 5.2 of the Criminal Identification Act or
22for a violation of Section 11-501 of the Illinois Vehicle Code
23or a similar provision of a local ordinance shall not have his
24or her record of arrest sealed or expunged.
25    (g) A defendant placed on supervision and who during the
26period of supervision undergoes mandatory drug or alcohol



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1testing, or both, or is assigned to be placed on an approved
2electronic monitoring device, shall be ordered to pay the costs
3incidental to such mandatory drug or alcohol testing, or both,
4and costs incidental to such approved electronic monitoring in
5accordance with the defendant's ability to pay those costs. The
6county board with the concurrence of the Chief Judge of the
7judicial circuit in which the county is located shall establish
8reasonable fees for the cost of maintenance, testing, and
9incidental expenses related to the mandatory drug or alcohol
10testing, or both, and all costs incidental to approved
11electronic monitoring, of all defendants placed on
12supervision. The concurrence of the Chief Judge shall be in the
13form of an administrative order. The fees shall be collected by
14the clerk of the circuit court. The clerk of the circuit court
15shall pay all moneys collected from these fees to the county
16treasurer who shall use the moneys collected to defray the
17costs of drug testing, alcohol testing, and electronic
18monitoring. The county treasurer shall deposit the fees
19collected in the county working cash fund under Section 6-27001
20or Section 6-29002 of the Counties Code, as the case may be.
21    (h) A disposition of supervision is a final order for the
22purposes of appeal.
23    (i) The court shall impose upon a defendant placed on
24supervision after January 1, 1992 or to community service under
25the supervision of a probation or court services department
26after January 1, 2004, as a condition of supervision or



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1supervised community service, a fee of $50 for each month of
2supervision or supervised community service ordered by the
3court, unless after determining the inability of the person
4placed on supervision or supervised community service to pay
5the fee, the court assesses a lesser fee. The court may not
6impose the fee on a minor who is made a ward of the State under
7the Juvenile Court Act of 1987 while the minor is in placement.
8The fee shall be imposed only upon a defendant who is actively
9supervised by the probation and court services department. The
10fee shall be collected by the clerk of the circuit court. The
11clerk of the circuit court shall pay all monies collected from
12this fee to the county treasurer for deposit in the probation
13and court services fund pursuant to Section 15.1 of the
14Probation and Probation Officers Act.
15    A circuit court may not impose a probation fee in excess of
16$25 per month unless the circuit court has adopted, by
17administrative order issued by the chief judge, a standard
18probation fee guide determining an offender's ability to pay.
19Of the amount collected as a probation fee, not to exceed $5 of
20that fee collected per month may be used to provide services to
21crime victims and their families.
22    The Court may only waive probation fees based on an
23offender's ability to pay. The probation department may
24re-evaluate an offender's ability to pay every 6 months, and,
25with the approval of the Director of Court Services or the
26Chief Probation Officer, adjust the monthly fee amount. An



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1offender may elect to pay probation fees due in a lump sum. Any
2offender that has been assigned to the supervision of a
3probation department, or has been transferred either under
4subsection (h) of this Section or under any interstate compact,
5shall be required to pay probation fees to the department
6supervising the offender, based on the offender's ability to
8    (j) All fines and costs imposed under this Section for any
9violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
10Code, or a similar provision of a local ordinance, and any
11violation of the Child Passenger Protection Act, or a similar
12provision of a local ordinance, shall be collected and
13disbursed by the circuit clerk as provided under Section 27.5
14of the Clerks of Courts Act.
15    (k) A defendant at least 17 years of age who is placed on
16supervision for a misdemeanor in a county of 3,000,000 or more
17inhabitants and who has not been previously convicted of a
18misdemeanor or felony may as a condition of his or her
19supervision be required by the court to attend educational
20courses designed to prepare the defendant for a high school
21diploma and to work toward a high school diploma or to work
22toward passing the high school level Test of General
23Educational Development (GED) or to work toward completing a
24vocational training program approved by the court. The
25defendant placed on supervision must attend a public
26institution of education to obtain the educational or



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1vocational training required by this subsection (k). The
2defendant placed on supervision shall be required to pay for
3the cost of the educational courses or GED test, if a fee is
4charged for those courses or test. The court shall revoke the
5supervision of a person who wilfully fails to comply with this
6subsection (k). The court shall resentence the defendant upon
7revocation of supervision as provided in Section 5-6-4. This
8subsection (k) does not apply to a defendant who has a high
9school diploma or has successfully passed the GED test. This
10subsection (k) does not apply to a defendant who is determined
11by the court to be developmentally disabled or otherwise
12mentally incapable of completing the educational or vocational
14    (l) The court shall require a defendant placed on
15supervision for possession of a substance prohibited by the
16Cannabis Control Act, the Illinois Controlled Substances Act,
17or the Methamphetamine Control and Community Protection Act
18after a previous conviction or disposition of supervision for
19possession of a substance prohibited by the Cannabis Control
20Act, the Illinois Controlled Substances Act, or the
21Methamphetamine Control and Community Protection Act or a
22sentence of probation under Section 10 of the Cannabis Control
23Act or Section 410 of the Illinois Controlled Substances Act
24and after a finding by the court that the person is addicted,
25to undergo treatment at a substance abuse program approved by
26the court.



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1    (m) The Secretary of State shall require anyone placed on
2court supervision for a violation of Section 3-707 of the
3Illinois Vehicle Code or a similar provision of a local
4ordinance to give proof of his or her financial responsibility
5as defined in Section 7-315 of the Illinois Vehicle Code. The
6proof shall be maintained by the individual in a manner
7satisfactory to the Secretary of State for a minimum period of
83 years after the date the proof is first filed. The proof
9shall be limited to a single action per arrest and may not be
10affected by any post-sentence disposition. The Secretary of
11State shall suspend the driver's license of any person
12determined by the Secretary to be in violation of this
14    (n) Any offender placed on supervision for any offense that
15the court or probation department has determined to be sexually
16motivated as defined in the Sex Offender Management Board Act
17shall be required to refrain from any contact, directly or
18indirectly, with any persons specified by the court and shall
19be available for all evaluations and treatment programs
20required by the court or the probation department.
21    (o) An offender placed on supervision for a sex offense as
22defined in the Sex Offender Management Board Act shall refrain
23from residing at the same address or in the same condominium
24unit or apartment unit or in the same condominium complex or
25apartment complex with another person he or she knows or
26reasonably should know is a convicted sex offender or has been



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1placed on supervision for a sex offense. The provisions of this
2subsection (o) do not apply to a person convicted of a sex
3offense who is placed in a Department of Corrections licensed
4transitional housing facility for sex offenders.
5    (p) An offender placed on supervision for an offense
6committed on or after June 1, 2008 (the effective date of
7Public Act 95-464) that would qualify the accused as a child
8sex offender as defined in Section 11-9.3 or 11-9.4 of the
9Criminal Code of 1961 or the Criminal Code of 2012 shall
10refrain from communicating with or contacting, by means of the
11Internet, a person who is not related to the accused and whom
12the accused reasonably believes to be under 18 years of age.
13For purposes of this subsection (p), "Internet" has the meaning
14ascribed to it in Section 16-0.1 of the Criminal Code of 2012;
15and a person is not related to the accused if the person is
16not: (i) the spouse, brother, or sister of the accused; (ii) a
17descendant of the accused; (iii) a first or second cousin of
18the accused; or (iv) a step-child or adopted child of the
20    (q) An offender placed on supervision for an offense
21committed on or after June 1, 2008 (the effective date of
22Public Act 95-464) that would qualify the accused as a child
23sex offender as defined in Section 11-9.3 or 11-9.4 of the
24Criminal Code of 1961 or the Criminal Code of 2012 shall, if so
25ordered by the court, refrain from communicating with or
26contacting, by means of the Internet, a person who is related



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1to the accused and whom the accused reasonably believes to be
2under 18 years of age. For purposes of this subsection (q),
3"Internet" has the meaning ascribed to it in Section 16-0.1 of
4the Criminal Code of 2012; and a person is related to the
5accused if the person is: (i) the spouse, brother, or sister of
6the accused; (ii) a descendant of the accused; (iii) a first or
7second cousin of the accused; or (iv) a step-child or adopted
8child of the accused.
9    (r) An offender placed on supervision for an offense under
10Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a
11juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or
1211-21 of the Criminal Code of 1961 or the Criminal Code of
132012, or any attempt to commit any of these offenses, committed
14on or after the effective date of this amendatory Act of the
1595th General Assembly shall:
16        (i) not access or use a computer or any other device
17    with Internet capability without the prior written
18    approval of the court, except in connection with the
19    offender's employment or search for employment with the
20    prior approval of the court;
21        (ii) submit to periodic unannounced examinations of
22    the offender's computer or any other device with Internet
23    capability by the offender's probation officer, a law
24    enforcement officer, or assigned computer or information
25    technology specialist, including the retrieval and copying
26    of all data from the computer or device and any internal or



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1    external peripherals and removal of such information,
2    equipment, or device to conduct a more thorough inspection;
3        (iii) submit to the installation on the offender's
4    computer or device with Internet capability, at the
5    offender's expense, of one or more hardware or software
6    systems to monitor the Internet use; and
7        (iv) submit to any other appropriate restrictions
8    concerning the offender's use of or access to a computer or
9    any other device with Internet capability imposed by the
10    court.
11    (s) An offender placed on supervision for an offense that
12is a sex offense as defined in Section 2 of the Sex Offender
13Registration Act that is committed on or after January 1, 2010
14(the effective date of Public Act 96-362) that requires the
15person to register as a sex offender under that Act, may not
16knowingly use any computer scrub software on any computer that
17the sex offender uses.
18    (t) An offender placed on supervision for a sex offense as
19defined in the Sex Offender Registration Act committed on or
20after January 1, 2010 (the effective date of Public Act 96-262)
21shall refrain from accessing or using a social networking
22website as defined in Section 17-0.5 of the Criminal Code of
24    (u) Jurisdiction over an offender may be transferred from
25the sentencing court to the court of another circuit with the
26concurrence of both courts. Further transfers or retransfers of



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1jurisdiction are also authorized in the same manner. The court
2to which jurisdiction has been transferred shall have the same
3powers as the sentencing court. The probation department within
4the circuit to which jurisdiction has been transferred may
5impose probation fees upon receiving the transferred offender,
6as provided in subsection (i). The probation department from
7the original sentencing court shall retain all probation fees
8collected prior to the transfer.
9(Source: P.A. 96-262, eff. 1-1-10; 96-362, eff. 1-1-10; 96-409,
10eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1414, eff. 1-1-11;
1196-1551, Article 2, Section 1065, eff. 7-1-11; 96-1551, Article
1210, Section 10-150, eff. 7-1-11; 97-454, eff. 1-1-12; 97-597,
13eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)".