Illinois General Assembly - Full Text of SB1817
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Full Text of SB1817  98th General Assembly


Rep. Jil Tracy

Filed: 5/3/2013





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2    AMENDMENT NO. ______. Amend Senate Bill 1817 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;
11        (14) refrain from entering into a designated
12    geographic area except upon such terms as the court finds
13    appropriate. Such terms may include consideration of the
14    purpose of the entry, the time of day, other persons
15    accompanying the defendant, and advance approval by a
16    probation officer;
17        (15) refrain from having any contact, directly or
18    indirectly, with certain specified persons or particular
19    types of person, including but not limited to members of
20    street gangs and drug users or dealers;
21        (16) refrain from having in his or her body the
22    presence of any illicit drug prohibited by the Cannabis
23    Control Act, the Illinois Controlled Substances Act, or the
24    Methamphetamine Control and Community Protection Act,
25    unless prescribed by a physician, and submit samples of his
26    or her blood or urine or both for tests to determine the



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



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2    (f) Discharge and dismissal upon a successful conclusion of
3a disposition of supervision shall be deemed without
4adjudication of guilt and shall not be termed a conviction for
5purposes of disqualification or disabilities imposed by law
6upon conviction of a crime. Two years after the discharge and
7dismissal under this Section, unless the disposition of
8supervision was for a violation of Sections 3-707, 3-708,
93-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a
10similar provision of a local ordinance, or for a violation of
11Sections 12-3.2, 16-25, or 16A-3 of the Criminal Code of 1961
12or the Criminal Code of 2012, in which case it shall be 5 years
13after discharge and dismissal, a person may have his record of
14arrest sealed or expunged as may be provided by law. However,
15any defendant placed on supervision before January 1, 1980, may
16move for sealing or expungement of his arrest record, as
17provided by law, at any time after discharge and dismissal
18under this Section. A person placed on supervision for a sexual
19offense committed against a minor as defined in clause
20(a)(1)(L) of Section 5.2 of the Criminal Identification Act or
21for a violation of Section 11-501 of the Illinois Vehicle Code
22or a similar provision of a local ordinance shall not have his
23or her record of arrest sealed or expunged.
24    (g) A defendant placed on supervision and who during the
25period of supervision undergoes mandatory drug or alcohol
26testing, or both, or is assigned to be placed on an approved



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1electronic monitoring device, shall be ordered to pay the costs
2incidental to such mandatory drug or alcohol testing, or both,
3and costs incidental to such approved electronic monitoring in
4accordance with the defendant's ability to pay those costs. The
5county board with the concurrence of the Chief Judge of the
6judicial circuit in which the county is located shall establish
7reasonable fees for the cost of maintenance, testing, and
8incidental expenses related to the mandatory drug or alcohol
9testing, or both, and all costs incidental to approved
10electronic monitoring, of all defendants placed on
11supervision. The concurrence of the Chief Judge shall be in the
12form of an administrative order. The fees shall be collected by
13the clerk of the circuit court. The clerk of the circuit court
14shall pay all moneys collected from these fees to the county
15treasurer who shall use the moneys collected to defray the
16costs of drug testing, alcohol testing, and electronic
17monitoring. The county treasurer shall deposit the fees
18collected in the county working cash fund under Section 6-27001
19or Section 6-29002 of the Counties Code, as the case may be.
20    (h) A disposition of supervision is a final order for the
21purposes of appeal.
22    (i) The court shall impose upon a defendant placed on
23supervision after January 1, 1992 or to community service under
24the supervision of a probation or court services department
25after January 1, 2004, as a condition of supervision or
26supervised community service, a fee of $50 for each month of



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



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



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



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1placed on court supervision for a violation of Section 3-707 of
2the Illinois Vehicle Code or a similar provision of a local
3ordinance to give proof of his or her financial responsibility
4as defined in Section 7-315 of the Illinois Vehicle Code. The
5proof shall be maintained by the individual in a manner
6satisfactory to the Secretary of State for a minimum period of
73 years after the date the proof is first filed. The proof
8shall be limited to a single action per arrest and may not be
9affected by any post-sentence disposition. The Secretary of
10State shall suspend the driver's license of any person
11determined by the Secretary to be in violation of this
13    (n) Any offender placed on supervision for any offense that
14the court or probation department has determined to be sexually
15motivated as defined in the Sex Offender Management Board Act
16shall be required to refrain from any contact, directly or
17indirectly, with any persons specified by the court and shall
18be available for all evaluations and treatment programs
19required by the court or the probation department.
20    (o) An offender placed on supervision for a sex offense as
21defined in the Sex Offender Management Board Act shall refrain
22from residing at the same address or in the same condominium
23unit or apartment unit or in the same condominium complex or
24apartment complex with another person he or she knows or
25reasonably should know is a convicted sex offender or has been
26placed on supervision for a sex offense. The provisions of this



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



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1under 18 years of age. For purposes of this subsection (q),
2"Internet" has the meaning ascribed to it in Section 16-0.1 of
3the Criminal Code of 2012; and a person is related to the
4accused if the person is: (i) the spouse, brother, or sister of
5the accused; (ii) a descendant of the accused; (iii) a first or
6second cousin of the accused; or (iv) a step-child or adopted
7child of the accused.
8    (r) An offender placed on supervision for an offense under
9Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a
10juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or
1111-21 of the Criminal Code of 1961 or the Criminal Code of
122012, or any attempt to commit any of these offenses, committed
13on or after the effective date of this amendatory Act of the
1495th General Assembly shall:
15        (i) not access or use a computer or any other device
16    with Internet capability without the prior written
17    approval of the court, except in connection with the
18    offender's employment or search for employment with the
19    prior approval of the court;
20        (ii) submit to periodic unannounced examinations of
21    the offender's computer or any other device with Internet
22    capability by the offender's probation officer, a law
23    enforcement officer, or assigned computer or information
24    technology specialist, including the retrieval and copying
25    of all data from the computer or device and any internal or
26    external peripherals and removal of such information,



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



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1to which jurisdiction has been transferred shall have the same
2powers as the sentencing court. The probation department within
3the circuit to which jurisdiction has been transferred may
4impose probation fees upon receiving the transferred offender,
5as provided in subsection (i). The probation department from
6the original sentencing court shall retain all probation fees
7collected prior to the transfer.
8(Source: P.A. 96-262, eff. 1-1-10; 96-362, eff. 1-1-10; 96-409,
9eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1414, eff. 1-1-11;
1096-1551, Article 2, Section 1065, eff. 7-1-11; 96-1551, Article
1110, Section 10-150, eff. 7-1-11; 97-454, eff. 1-1-12; 97-597,
12eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)".