Full Text of HB2390 100th General Assembly
HB2390ham003 100TH GENERAL ASSEMBLY | Rep. Stephanie A. Kifowit Filed: 3/22/2017
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| 1 | | AMENDMENT TO HOUSE BILL 2390
| 2 | | AMENDMENT NO. ______. Amend House Bill 2390, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Criminal Code of 2012 is amended by | 6 | | changing Section 12-7.1 as follows:
| 7 | | (720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1)
| 8 | | Sec. 12-7.1. Hate crime.
| 9 | | (a) A person commits hate crime when, by reason of the | 10 | | actual or
perceived race, color, creed, religion, ancestry, | 11 | | gender, sexual orientation,
physical or mental disability, or | 12 | | national origin of another individual or
group of individuals, | 13 | | regardless of the existence of any other motivating
factor or | 14 | | factors, he commits assault, battery, aggravated assault, | 15 | | misdemeanor
theft, criminal trespass to residence, misdemeanor | 16 | | criminal damage
to property, criminal trespass to vehicle, |
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| 1 | | criminal trespass to real property,
mob action, disorderly | 2 | | conduct, harassment by telephone, or harassment through | 3 | | electronic
communications as these crimes are defined in | 4 | | Sections 12-1,
12-2, 12-3(a), 16-1, 19-4, 21-1, 21-2, 21-3, | 5 | | 25-1, 26-1, 26.5-2, and paragraphs (a)(2) and (a)(5) of Section | 6 | | 26.5-3 of this Code,
respectively.
| 7 | | (b) Except as provided in subsection (b-5), hate crime is a | 8 | | Class 4
felony for a first offense and a Class 2 felony for a | 9 | | second or subsequent
offense.
| 10 | | (b-5) Hate crime is a Class 3 felony for a first offense | 11 | | and a Class 2
felony for a second or subsequent offense if | 12 | | committed:
| 13 | | (1) in , or upon the exterior or grounds of, a church, | 14 | | synagogue, mosque, or other building, structure, or place
| 15 | | identified or associated with a particular religion or used | 16 | | for religious worship or other religious purpose;
| 17 | | (2) in a cemetery, mortuary, or other facility used for | 18 | | the purpose of
burial or memorializing the dead;
| 19 | | (3) in a school or other educational facility, | 20 | | including an administrative facility or public or private | 21 | | dormitory facility of or associated with the school or | 22 | | other educational facility;
| 23 | | (4) in a public park or an ethnic or religious | 24 | | community center;
| 25 | | (5) on the real property comprising any location | 26 | | specified in
clauses (1) through (4) of this subsection |
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| 1 | | (b-5); or
| 2 | | (6) on a public way within 1,000 feet of the real | 3 | | property comprising any
location specified in clauses (1) | 4 | | through (4) of this subsection (b-5).
| 5 | | (b-10) Upon imposition of any sentence,
the trial
court | 6 | | shall also either order restitution paid to the victim
or | 7 | | impose a fine in an amount to be determined by the court based | 8 | | on the severity of the crime and the injury or damages suffered | 9 | | by the victim up to $1,000 . In addition, any order of probation | 10 | | or
conditional discharge entered following a conviction or an | 11 | | adjudication of
delinquency shall include a condition that the | 12 | | offender perform public or
community service of no less than | 13 | | 200 hours if that service is established in
the county where | 14 | | the offender was convicted of hate crime. In addition, any | 15 | | order of probation or
conditional discharge entered following a | 16 | | conviction or an adjudication of
delinquency shall include a | 17 | | condition that the offender enroll in an educational program | 18 | | discouraging hate crimes involving the protected class | 19 | | identified in subsection (a) that gave rise to the offense the | 20 | | offender committed if the offender caused criminal damage
to | 21 | | property consisting of religious fixtures, objects, or | 22 | | decorations . The educational program must be attended by the | 23 | | offender in-person and may be administered, as determined by | 24 | | the court, by a university, college, community college, | 25 | | non-profit organization, or the Illinois Holocaust and | 26 | | Genocide Commission , or any other organization that provides |
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| 1 | | educational programs discouraging hate crimes, except that | 2 | | programs administered online or that can otherwise be attended | 3 | | remotely are prohibited . Nothing in this subsection (b-10) | 4 | | prohibits courses discouraging hate crimes from being made | 5 | | available online. The court may also
impose any other condition | 6 | | of probation or conditional discharge under this
Section. If | 7 | | the court sentences the offender to imprisonment or periodic | 8 | | imprisonment for a violation of this Section, as a condition of | 9 | | the offender's mandatory supervised release, the court shall | 10 | | require that the offender perform public or community service | 11 | | of no less than 200 hours and enroll in an educational program | 12 | | discouraging hate crimes involving the protected class
| 13 | | identified in subsection (a) that gave rise to the offense the | 14 | | offender committed.
| 15 | | (c) Independent of any criminal prosecution or the result
| 16 | | thereof, any
person suffering injury to his person or damage to | 17 | | his property as a result
of a hate crime may bring a civil | 18 | | action for damages, injunction
or other appropriate relief. The | 19 | | court may award actual damages, including
damages for emotional | 20 | | distress, as well as or punitive damages. A judgment in favor | 21 | | of a person who brings a civil action under this subsection (c) | 22 | | shall may include
attorney's fees and costs. The parents or | 23 | | legal guardians, other than
guardians appointed pursuant to the | 24 | | Juvenile Court Act or the Juvenile
Court Act of 1987, of an | 25 | | unemancipated minor shall be liable for the amount
of any | 26 | | judgment for all actual damages rendered against such minor |
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| 1 | | under this
subsection (c) in any amount not exceeding the | 2 | | amount provided under
Section 5 of the Parental Responsibility | 3 | | Law.
| 4 | | (d) "Sexual orientation" has the meaning ascribed to it in | 5 | | paragraph (O-1) of Section 1-103 of the Illinois Human Rights | 6 | | Act.
| 7 | | (Source: P.A. 99-77, eff. 1-1-16 .)
| 8 | | Section 10. The Unified Code of Corrections is amended by | 9 | | changing Sections 3-3-7 and 5-6-3 as follows: | 10 | | (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | 11 | | Sec. 3-3-7. Conditions of Parole or Mandatory Supervised | 12 | | Release.
| 13 | | (a) The conditions of parole or mandatory
supervised | 14 | | release shall be such as the Prisoner Review
Board deems | 15 | | necessary to assist the subject in leading a
law-abiding life. | 16 | | The conditions of every parole and mandatory
supervised release | 17 | | are that the subject:
| 18 | | (1) not violate any criminal statute of any | 19 | | jurisdiction
during the parole or release term;
| 20 | | (2) refrain from possessing a firearm or other | 21 | | dangerous
weapon;
| 22 | | (3) report to an agent of the Department of | 23 | | Corrections;
| 24 | | (4) permit the agent to visit him or her at his or her |
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| 1 | | home, employment,
or
elsewhere to the
extent necessary for | 2 | | the agent to discharge his or her duties;
| 3 | | (5) attend or reside in a facility established for the | 4 | | instruction or
residence
of persons on
parole or mandatory | 5 | | supervised release;
| 6 | | (6) secure permission before visiting or writing a | 7 | | committed person in an
Illinois Department
of Corrections | 8 | | facility;
| 9 | | (7) report all arrests to an agent of the Department of | 10 | | Corrections as
soon as
permitted by the
arresting authority | 11 | | but in no event later than 24 hours after release from
| 12 | | custody and immediately report service or notification of | 13 | | an order of protection, a civil no contact order, or a | 14 | | stalking no contact order to an agent of the Department of | 15 | | Corrections;
| 16 | | (7.5) if convicted of a sex offense as defined in the | 17 | | Sex Offender
Management Board Act, the individual shall | 18 | | undergo and successfully complete
sex offender treatment | 19 | | conducted in conformance with the standards developed by
| 20 | | the Sex
Offender Management Board Act by a treatment | 21 | | provider approved by the Board;
| 22 | | (7.6) if convicted of a sex offense as defined in the | 23 | | Sex Offender
Management Board Act, refrain from residing at | 24 | | the same address or in the same condominium unit or | 25 | | apartment unit or in the same condominium complex or | 26 | | apartment complex with another person he or she knows or |
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| 1 | | reasonably should know is a convicted sex offender or has | 2 | | been placed on supervision for a sex offense; the | 3 | | provisions of this paragraph do not apply to a person | 4 | | convicted of a sex offense who is placed in a Department of | 5 | | Corrections licensed transitional housing facility for sex | 6 | | offenders, or is in any facility operated or licensed by | 7 | | the Department of Children and Family Services or by the | 8 | | Department of Human Services, or is in any licensed medical | 9 | | facility;
| 10 | | (7.7) if convicted for an offense that would qualify | 11 | | the accused as a sexual predator under the Sex Offender | 12 | | Registration Act on or after January 1, 2007 (the effective | 13 | | date of Public Act 94-988), wear an approved electronic | 14 | | monitoring device as defined in Section 5-8A-2 for the | 15 | | duration of the person's parole, mandatory supervised | 16 | | release term, or extended mandatory supervised release | 17 | | term and if convicted for an offense of criminal sexual | 18 | | assault, aggravated criminal sexual assault, predatory | 19 | | criminal sexual assault of a child, criminal sexual abuse, | 20 | | aggravated criminal sexual abuse, or ritualized abuse of a | 21 | | child committed on or after August 11, 2009 (the effective | 22 | | date of Public Act 96-236) when the victim was under 18 | 23 | | years of age at the time of the commission of the offense | 24 | | and the defendant used force or the threat of force in the | 25 | | commission of the offense wear an approved electronic | 26 | | monitoring device as defined in Section 5-8A-2 that has |
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| 1 | | Global Positioning System (GPS) capability for the | 2 | | duration of the person's parole, mandatory supervised | 3 | | release term, or extended mandatory supervised release | 4 | | term;
| 5 | | (7.8) if convicted for an offense committed on or after | 6 | | June 1, 2008 (the effective date of Public Act 95-464) that | 7 | | would qualify the accused as a child sex offender as | 8 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | 9 | | 1961 or the Criminal Code of 2012, refrain from | 10 | | communicating with or contacting, by means of the Internet, | 11 | | a person who is not related to the accused and whom the | 12 | | accused reasonably believes to be under 18 years of age; | 13 | | for purposes of this paragraph (7.8), "Internet" has the | 14 | | meaning ascribed to it in Section 16-0.1 of the Criminal | 15 | | Code of 2012; and a person is not related to the accused if | 16 | | the person is not: (i) the spouse, brother, or sister of | 17 | | the accused; (ii) a descendant of the accused; (iii) a | 18 | | first or second cousin of the accused; or (iv) a step-child | 19 | | or adopted child of the accused;
| 20 | | (7.9)
if convicted under Section 11-6, 11-20.1, | 21 | | 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or | 22 | | the Criminal Code of 2012, consent to search of computers, | 23 | | PDAs, cellular phones, and other devices under his or her | 24 | | control that are capable of accessing the Internet or | 25 | | storing electronic files, in order to confirm Internet | 26 | | protocol addresses reported in accordance with the Sex |
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| 1 | | Offender Registration Act and compliance with conditions | 2 | | in this Act;
| 3 | | (7.10)
if convicted for an offense that would qualify | 4 | | the accused as a sex offender or sexual predator under the | 5 | | Sex Offender Registration Act on or after June 1, 2008 (the | 6 | | effective date of Public Act 95-640), not possess | 7 | | prescription drugs for erectile dysfunction;
| 8 | | (7.11) if convicted for an offense under Section 11-6, | 9 | | 11-9.1, 11-14.4 that involves soliciting for a juvenile | 10 | | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | 11 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 12 | | or any attempt to commit any of these offenses, committed | 13 | | on or after June 1, 2009 (the effective date of Public Act | 14 | | 95-983): | 15 | | (i) not access or use a computer or any other | 16 | | device with Internet capability without the prior | 17 | | written approval of the Department; | 18 | | (ii) submit to periodic unannounced examinations | 19 | | of the offender's computer or any other device with | 20 | | Internet capability by the offender's supervising | 21 | | agent, a law enforcement officer, or assigned computer | 22 | | or information technology specialist, including the | 23 | | retrieval and copying of all data from the computer or | 24 | | device and any internal or external peripherals and | 25 | | removal of such information, equipment, or device to | 26 | | conduct a more thorough inspection; |
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| 1 | | (iii) submit to the installation on the offender's | 2 | | computer or device with Internet capability, at the | 3 | | offender's expense, of one or more hardware or software | 4 | | systems to monitor the Internet use; and | 5 | | (iv) submit to any other appropriate restrictions | 6 | | concerning the offender's use of or access to a | 7 | | computer or any other device with Internet capability | 8 | | imposed by the Board, the Department or the offender's | 9 | | supervising agent; | 10 | | (7.12) if convicted of a sex offense as defined in the | 11 | | Sex Offender
Registration Act committed on or after January | 12 | | 1, 2010 (the effective date of Public Act 96-262), refrain | 13 | | from accessing or using a social networking website as | 14 | | defined in Section 17-0.5 of the Criminal Code of 2012;
| 15 | | (7.13) if convicted of a sex offense as defined in | 16 | | Section 2 of the Sex Offender Registration Act committed on | 17 | | or after January 1, 2010 (the effective date of Public Act | 18 | | 96-362) that requires the person to register as a sex | 19 | | offender under that Act, may not knowingly use any computer | 20 | | scrub software on any computer that the sex offender uses; | 21 | | (8) obtain permission of an agent of the Department of | 22 | | Corrections before
leaving the
State of Illinois;
| 23 | | (9) obtain permission of an agent of the Department of | 24 | | Corrections before
changing
his or her residence or | 25 | | employment;
| 26 | | (10) consent to a search of his or her person, |
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| 1 | | property, or residence
under his or her
control;
| 2 | | (11) refrain from the use or possession of narcotics or | 3 | | other controlled
substances in
any form, or both, or any | 4 | | paraphernalia related to those substances and submit
to a
| 5 | | urinalysis test as instructed by a parole agent of the | 6 | | Department of
Corrections;
| 7 | | (12) not frequent places where controlled substances | 8 | | are illegally sold,
used,
distributed, or administered;
| 9 | | (13) not knowingly associate with other persons on | 10 | | parole or mandatory
supervised
release without prior | 11 | | written permission of his or her parole agent, except
when | 12 | | the association involves activities related to community | 13 | | programs, worship services, volunteering, and engaging | 14 | | families, and not
associate with
persons who are members of | 15 | | an organized gang as that term is defined in the
Illinois
| 16 | | Streetgang Terrorism Omnibus Prevention Act;
| 17 | | (14) provide true and accurate information, as it | 18 | | relates to his or her
adjustment in the
community while on | 19 | | parole or mandatory supervised release or to his or her
| 20 | | conduct
while incarcerated, in response to inquiries by his | 21 | | or her parole agent or of
the
Department of Corrections;
| 22 | | (15) follow any specific instructions provided by the | 23 | | parole agent that
are consistent
with furthering | 24 | | conditions set and approved by the Prisoner Review Board or | 25 | | by
law,
exclusive of placement on electronic detention, to | 26 | | achieve the goals and
objectives of his
or her parole or |
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| 1 | | mandatory supervised release or to protect the public. | 2 | | These
instructions by the parole agent may be modified at | 3 | | any time, as the agent
deems
appropriate;
| 4 | | (16) if convicted of a sex offense as defined in | 5 | | subsection (a-5) of Section 3-1-2 of this Code, unless the | 6 | | offender is a parent or guardian of the person under 18 | 7 | | years of age present in the home and no non-familial minors | 8 | | are present, not participate in a holiday event involving | 9 | | children under 18 years of age, such as distributing candy | 10 | | or other items to children on Halloween, wearing a Santa | 11 | | Claus costume on or preceding Christmas, being employed as | 12 | | a department store Santa Claus, or wearing an Easter Bunny | 13 | | costume on or preceding Easter; | 14 | | (17) if convicted of a violation of an order of | 15 | | protection under Section 12-3.4 or Section 12-30 of the | 16 | | Criminal Code of 1961 or the Criminal Code of 2012, be | 17 | | placed under electronic surveillance as provided in | 18 | | Section 5-8A-7 of this Code; | 19 | | (18) comply with the terms and conditions of an order | 20 | | of protection issued pursuant to the Illinois Domestic | 21 | | Violence Act of 1986; an order of protection issued by the | 22 | | court of another state, tribe, or United States territory; | 23 | | a no contact order issued pursuant to the Civil No Contact | 24 | | Order Act; or a no contact order issued pursuant to the | 25 | | Stalking No Contact Order Act; and | 26 | | (19) if convicted of a violation of the Methamphetamine |
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| 1 | | Control and Community Protection Act, the Methamphetamine
| 2 | | Precursor Control Act, or a methamphetamine related | 3 | | offense, be: | 4 | | (A) prohibited from purchasing, possessing, or | 5 | | having under his or her control any product containing | 6 | | pseudoephedrine unless prescribed by a physician; and | 7 | | (B) prohibited from purchasing, possessing, or | 8 | | having under his or her control any product containing | 9 | | ammonium nitrate ; and . | 10 | | (20) if convicted of hate crime under Section | 11 | | 12-7.1 of the Criminal Code of 2012, perform public or | 12 | | community service of no less than 200 hours and enroll | 13 | | in an
educational program discouraging hate crimes | 14 | | involving the protected class
identified in subsection | 15 | | (a) of Section 12-7.1 of the Criminal Code of 2012 that | 16 | | gave rise to the offense the offender committed ordered | 17 | | by the court. | 18 | | (b) The Board may in addition to other conditions
require | 19 | | that the subject:
| 20 | | (1) work or pursue a course of study or vocational | 21 | | training;
| 22 | | (2) undergo medical or psychiatric treatment, or | 23 | | treatment
for drug addiction or alcoholism;
| 24 | | (3) attend or reside in a facility established for the
| 25 | | instruction or residence of persons on probation or parole;
| 26 | | (4) support his or her dependents;
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| 1 | | (5) (blank);
| 2 | | (6) (blank);
| 3 | | (7) (blank);
| 4 | | (7.5) if convicted for an offense committed on or after | 5 | | the effective date of this amendatory Act of the 95th | 6 | | General Assembly that would qualify the accused as a child | 7 | | sex offender as defined in Section 11-9.3 or 11-9.4 of the | 8 | | Criminal Code of 1961 or the Criminal Code of 2012, refrain | 9 | | from communicating with or contacting, by means of the | 10 | | Internet, a person who is related to the accused and whom | 11 | | the accused reasonably believes to be under 18 years of | 12 | | age; for purposes of this paragraph (7.5), "Internet" has | 13 | | the meaning ascribed to it in Section 16-0.1 of the | 14 | | Criminal Code of 2012; and a person is related to the | 15 | | accused if the person is: (i) the spouse, brother, or | 16 | | sister of the accused; (ii) a descendant of the accused; | 17 | | (iii) a first or second cousin of the accused; or (iv) a | 18 | | step-child or adopted child of the accused; | 19 | | (7.6) if convicted for an offense committed on or after | 20 | | June 1, 2009 (the effective date of Public Act 95-983) that | 21 | | would qualify as a sex offense as defined in the Sex | 22 | | Offender Registration Act: | 23 | | (i) not access or use a computer or any other | 24 | | device with Internet capability without the prior | 25 | | written approval of the Department; | 26 | | (ii) submit to periodic unannounced examinations |
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| 1 | | of the offender's computer or any other device with | 2 | | Internet capability by the offender's supervising | 3 | | agent, a law enforcement officer, or assigned computer | 4 | | or information technology specialist, including the | 5 | | retrieval and copying of all data from the computer or | 6 | | device and any internal or external peripherals and | 7 | | removal of such information, equipment, or device to | 8 | | conduct a more thorough inspection; | 9 | | (iii) submit to the installation on the offender's | 10 | | computer or device with Internet capability, at the | 11 | | offender's expense, of one or more hardware or software | 12 | | systems to monitor the Internet use; and | 13 | | (iv) submit to any other appropriate restrictions | 14 | | concerning the offender's use of or access to a | 15 | | computer or any other device with Internet capability | 16 | | imposed by the Board, the Department or the offender's | 17 | | supervising agent; and
| 18 | | (8) in addition, if a minor:
| 19 | | (i) reside with his or her parents or in a foster | 20 | | home;
| 21 | | (ii) attend school;
| 22 | | (iii) attend a non-residential program for youth; | 23 | | or
| 24 | | (iv) contribute to his or her own support at home | 25 | | or in a foster
home.
| 26 | | (b-1) In addition to the conditions set forth in |
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| 1 | | subsections (a) and (b), persons required to register as sex | 2 | | offenders pursuant to the Sex Offender Registration Act, upon | 3 | | release from the custody of the Illinois Department of | 4 | | Corrections, may be required by the Board to comply with the | 5 | | following specific conditions of release: | 6 | | (1) reside only at a Department approved location; | 7 | | (2) comply with all requirements of the Sex Offender | 8 | | Registration Act;
| 9 | | (3) notify
third parties of the risks that may be | 10 | | occasioned by his or her criminal record; | 11 | | (4) obtain the approval of an agent of the Department | 12 | | of Corrections prior to accepting employment or pursuing a | 13 | | course of study or vocational training and notify the | 14 | | Department prior to any change in employment, study, or | 15 | | training; | 16 | | (5) not be employed or participate in any
volunteer | 17 | | activity that involves contact with children, except under | 18 | | circumstances approved in advance and in writing by an | 19 | | agent of the Department of Corrections; | 20 | | (6) be electronically monitored for a minimum of 12 | 21 | | months from the date of release as determined by the Board;
| 22 | | (7) refrain from entering into a designated
geographic | 23 | | area except upon terms approved in advance by an agent of | 24 | | the Department of Corrections. The terms may include | 25 | | consideration of the purpose of the entry, the time of day, | 26 | | and others accompanying the person; |
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| 1 | | (8) refrain from having any contact, including
written | 2 | | or oral communications, directly or indirectly, personally | 3 | | or by telephone, letter, or through a third party with | 4 | | certain specified persons including, but not limited to, | 5 | | the victim or the victim's family without the prior written | 6 | | approval of an agent of the Department of Corrections; | 7 | | (9) refrain from all contact, directly or
indirectly, | 8 | | personally, by telephone, letter, or through a third party, | 9 | | with minor children without prior identification and | 10 | | approval of an agent of the Department of Corrections; | 11 | | (10) neither possess or have under his or her
control | 12 | | any material that is sexually oriented, sexually | 13 | | stimulating, or that shows male or female sex organs or any | 14 | | pictures depicting children under 18 years of age nude or | 15 | | any written or audio material describing sexual | 16 | | intercourse or that depicts or alludes to sexual activity, | 17 | | including but not limited to visual, auditory, telephonic, | 18 | | or electronic media, or any matter obtained through access | 19 | | to any computer or material linked to computer access use; | 20 | | (11) not patronize any business providing
sexually | 21 | | stimulating or sexually oriented entertainment nor utilize | 22 | | "900" or adult telephone numbers; | 23 | | (12) not reside near, visit, or be in or about
parks, | 24 | | schools, day care centers, swimming pools, beaches, | 25 | | theaters, or any other places where minor children | 26 | | congregate without advance approval of an agent of the |
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| 1 | | Department of Corrections and immediately report any | 2 | | incidental contact with minor children to the Department; | 3 | | (13) not possess or have under his or her control
| 4 | | certain specified items of contraband related to the | 5 | | incidence of sexually offending as determined by an agent | 6 | | of the Department of Corrections; | 7 | | (14) may be required to provide a written daily log of | 8 | | activities
if directed by an agent of the Department of | 9 | | Corrections; | 10 | | (15) comply with all other special conditions
that the | 11 | | Department may impose that restrict the person from | 12 | | high-risk situations and limit access to potential | 13 | | victims; | 14 | | (16) take an annual polygraph exam; | 15 | | (17) maintain a log of his or her travel; or | 16 | | (18) obtain prior approval of his or her parole officer | 17 | | before driving alone in a motor vehicle.
| 18 | | (c) The conditions under which the parole or mandatory
| 19 | | supervised release is to be served shall be communicated to
the | 20 | | person in writing prior to his or her release, and he or she | 21 | | shall
sign the same before release. A signed copy of these | 22 | | conditions,
including a copy of an order of protection where | 23 | | one had been issued by the
criminal court, shall be retained by | 24 | | the person and another copy forwarded to
the officer in charge | 25 | | of his or her supervision.
| 26 | | (d) After a hearing under Section 3-3-9, the Prisoner
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| 1 | | Review Board may modify or enlarge the conditions of parole
or | 2 | | mandatory supervised release.
| 3 | | (e) The Department shall inform all offenders committed to
| 4 | | the Department of the optional services available to them
upon | 5 | | release and shall assist inmates in availing themselves
of such | 6 | | optional services upon their release on a voluntary
basis. | 7 | | (f) (Blank).
| 8 | | (Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17; 99-698, | 9 | | eff. 7-29-16; revised 9-1-16.) | 10 | | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) | 11 | | Sec. 5-6-3. Conditions of Probation and of Conditional | 12 | | Discharge.
| 13 | | (a) The conditions of probation and of conditional | 14 | | discharge shall be
that the person:
| 15 | | (1) not violate any criminal statute of any | 16 | | jurisdiction;
| 17 | | (2) report to or appear in person before such person or | 18 | | agency as
directed by the court;
| 19 | | (3) refrain from possessing a firearm or other | 20 | | dangerous weapon where the offense is a felony or, if a | 21 | | misdemeanor, the offense involved the intentional or | 22 | | knowing infliction of bodily harm or threat of bodily harm;
| 23 | | (4) not leave the State without the consent of the | 24 | | court or, in
circumstances in which the reason for the | 25 | | absence is of such an emergency
nature that prior consent |
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| 1 | | by the court is not possible, without the prior
| 2 | | notification and approval of the person's probation
| 3 | | officer. Transfer of a person's probation or conditional | 4 | | discharge
supervision to another state is subject to | 5 | | acceptance by the other state
pursuant to the Interstate | 6 | | Compact for Adult Offender Supervision;
| 7 | | (5) permit the probation officer to visit
him at his | 8 | | home or elsewhere
to the extent necessary to discharge his | 9 | | duties;
| 10 | | (6) perform no less than 30 hours of community service | 11 | | and not more than
120 hours of community service, if | 12 | | community service is available in the
jurisdiction and is | 13 | | funded and approved by the county board where the offense
| 14 | | was committed, where the offense was related to or in | 15 | | furtherance of the
criminal activities of an organized gang | 16 | | and was motivated by the offender's
membership in or | 17 | | allegiance to an organized gang. The community service | 18 | | shall
include, but not be limited to, the cleanup and | 19 | | repair of any damage caused by
a violation of Section | 20 | | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of | 21 | | 2012 and similar damage
to property located within the | 22 | | municipality or county in which the violation
occurred. | 23 | | When possible and reasonable, the community service should | 24 | | be
performed in the offender's neighborhood. For purposes | 25 | | of this Section,
"organized gang" has the meaning ascribed | 26 | | to it in Section 10 of the Illinois
Streetgang Terrorism |
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| 1 | | Omnibus Prevention Act;
| 2 | | (7) if he or she is at least 17 years of age and has | 3 | | been sentenced to
probation or conditional discharge for a | 4 | | misdemeanor or felony in a county of
3,000,000 or more | 5 | | inhabitants and has not been previously convicted of a
| 6 | | misdemeanor or felony, may be required by the sentencing | 7 | | court to attend
educational courses designed to prepare the | 8 | | defendant for a high school diploma
and to work toward a | 9 | | high school diploma or to work toward passing high school | 10 | | equivalency testing or to work toward
completing a | 11 | | vocational training program approved by the court. The | 12 | | person on
probation or conditional discharge must attend a | 13 | | public institution of
education to obtain the educational | 14 | | or vocational training required by this
clause (7). The | 15 | | court shall revoke the probation or conditional discharge | 16 | | of a
person who wilfully fails to comply with this clause | 17 | | (7). The person on
probation or conditional discharge shall | 18 | | be required to pay for the cost of the
educational courses | 19 | | or high school equivalency testing if a fee is charged for | 20 | | those courses or testing. The court shall resentence the | 21 | | offender whose probation or conditional
discharge has been | 22 | | revoked as provided in Section 5-6-4. This clause (7) does
| 23 | | not apply to a person who has a high school diploma or has | 24 | | successfully passed high school equivalency testing. This | 25 | | clause (7) does not apply to a person who is determined by
| 26 | | the court to be a person with a developmental disability or |
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| 1 | | otherwise mentally incapable of
completing the educational | 2 | | or vocational program;
| 3 | | (8) if convicted of possession of a substance | 4 | | prohibited
by the Cannabis Control Act, the Illinois | 5 | | Controlled Substances Act, or the Methamphetamine Control | 6 | | and Community Protection Act
after a previous conviction or | 7 | | disposition of supervision for possession of a
substance | 8 | | prohibited by the Cannabis Control Act or Illinois | 9 | | Controlled
Substances Act or after a sentence of probation | 10 | | under Section 10 of the
Cannabis
Control Act, Section 410 | 11 | | of the Illinois Controlled Substances Act, or Section 70 of | 12 | | the Methamphetamine Control and Community Protection Act | 13 | | and upon a
finding by the court that the person is | 14 | | addicted, undergo treatment at a
substance abuse program | 15 | | approved by the court;
| 16 | | (8.5) if convicted of a felony sex offense as defined | 17 | | in the Sex
Offender
Management Board Act, the person shall | 18 | | undergo and successfully complete sex
offender treatment | 19 | | by a treatment provider approved by the Board and conducted
| 20 | | in conformance with the standards developed under the Sex
| 21 | | Offender Management Board Act;
| 22 | | (8.6) if convicted of a sex offense as defined in the | 23 | | Sex Offender Management Board Act, refrain from residing at | 24 | | the same address or in the same condominium unit or | 25 | | apartment unit or in the same condominium complex or | 26 | | apartment complex with another person he or she knows or |
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| 1 | | reasonably should know is a convicted sex offender or has | 2 | | been placed on supervision for a sex offense; the | 3 | | provisions of this paragraph do not apply to a person | 4 | | convicted of a sex offense who is placed in a Department of | 5 | | Corrections licensed transitional housing facility for sex | 6 | | offenders; | 7 | | (8.7) if convicted for an offense committed on or after | 8 | | June 1, 2008 (the effective date of Public Act 95-464) that | 9 | | would qualify the accused as a child sex offender as | 10 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | 11 | | 1961 or the Criminal Code of 2012, refrain from | 12 | | communicating with or contacting, by means of the Internet, | 13 | | a person who is not related to the accused and whom the | 14 | | accused reasonably believes to be under 18 years of age; | 15 | | for purposes of this paragraph (8.7), "Internet" has the | 16 | | meaning ascribed to it in Section 16-0.1 of the Criminal | 17 | | Code of 2012; and a person is not related to the accused if | 18 | | the person is not: (i) the spouse, brother, or sister of | 19 | | the accused; (ii) a descendant of the accused; (iii) a | 20 | | first or second cousin of the accused; or (iv) a step-child | 21 | | or adopted child of the accused; | 22 | | (8.8) if convicted for an offense under Section 11-6, | 23 | | 11-9.1, 11-14.4 that involves soliciting for a juvenile | 24 | | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | 25 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 26 | | or any attempt to commit any of these offenses, committed |
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| 1 | | on or after June 1, 2009 (the effective date of Public Act | 2 | | 95-983): | 3 | | (i) not access or use a computer or any other | 4 | | device with Internet capability without the prior | 5 | | written approval of the offender's probation officer, | 6 | | except in connection with the offender's employment or | 7 | | search for employment with the prior approval of the | 8 | | offender's probation officer; | 9 | | (ii) submit to periodic unannounced examinations | 10 | | of the offender's computer or any other device with | 11 | | Internet capability by the offender's probation | 12 | | officer, a law enforcement officer, or assigned | 13 | | computer or information technology specialist, | 14 | | including the retrieval and copying of all data from | 15 | | the computer or device and any internal or external | 16 | | peripherals and removal of such information, | 17 | | equipment, or device to conduct a more thorough | 18 | | inspection; | 19 | | (iii) submit to the installation on the offender's | 20 | | computer or device with Internet capability, at the | 21 | | offender's expense, of one or more hardware or software | 22 | | systems to monitor the Internet use; and | 23 | | (iv) submit to any other appropriate restrictions | 24 | | concerning the offender's use of or access to a | 25 | | computer or any other device with Internet capability | 26 | | imposed by the offender's probation officer; |
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| 1 | | (8.9) if convicted of a sex offense as defined in the | 2 | | Sex Offender
Registration Act committed on or after January | 3 | | 1, 2010 (the effective date of Public Act 96-262), refrain | 4 | | from accessing or using a social networking website as | 5 | | defined in Section 17-0.5 of the Criminal Code of 2012;
| 6 | | (9) if convicted of a felony or of any misdemeanor | 7 | | violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or | 8 | | 12-3.5 of the Criminal Code of 1961 or the Criminal Code of | 9 | | 2012 that was determined, pursuant to Section 112A-11.1 of | 10 | | the Code of Criminal Procedure of 1963, to trigger the | 11 | | prohibitions of 18 U.S.C. 922(g)(9), physically surrender | 12 | | at a time and place
designated by the court, his or her | 13 | | Firearm
Owner's Identification Card and
any and all | 14 | | firearms in
his or her possession. The Court shall return | 15 | | to the Department of State Police Firearm Owner's | 16 | | Identification Card Office the person's Firearm Owner's | 17 | | Identification Card;
| 18 | | (10) if convicted of a sex offense as defined in | 19 | | subsection (a-5) of Section 3-1-2 of this Code, unless the | 20 | | offender is a parent or guardian of the person under 18 | 21 | | years of age present in the home and no non-familial minors | 22 | | are present, not participate in a holiday event involving | 23 | | children under 18 years of age, such as distributing candy | 24 | | or other items to children on Halloween, wearing a Santa | 25 | | Claus costume on or preceding Christmas, being employed as | 26 | | a department store Santa Claus, or wearing an Easter Bunny |
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| 1 | | costume on or preceding Easter; | 2 | | (11) if convicted of a sex offense as defined in | 3 | | Section 2 of the Sex Offender Registration Act committed on | 4 | | or after January 1, 2010 (the effective date of Public Act | 5 | | 96-362) that requires the person to register as a sex | 6 | | offender under that Act, may not knowingly use any computer | 7 | | scrub software on any computer that the sex offender uses; | 8 | | and | 9 | | (12) if convicted of a violation of the Methamphetamine | 10 | | Control and Community Protection Act, the Methamphetamine
| 11 | | Precursor Control Act, or a methamphetamine related | 12 | | offense: | 13 | | (A) prohibited from purchasing, possessing, or | 14 | | having under his or her control any product containing | 15 | | pseudoephedrine unless prescribed by a physician; and | 16 | | (B) prohibited from purchasing, possessing, or | 17 | | having under his or her control any product containing | 18 | | ammonium nitrate ; and . | 19 | | (13) if convicted of a hate crime involving the | 20 | | protected class identified in subsection (a) of Section | 21 | | 12-7.1 of the Criminal Code of 2012 that gave rise to the | 22 | | offense the offender committed, perform public or | 23 | | community service of no less than 200 hours and enroll in | 24 | | an educational program discouraging hate crimes that | 25 | | includes racial, ethnic, and cultural sensitivity training | 26 | | ordered by the court. |
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| 1 | | (b) The Court may in addition to other reasonable | 2 | | conditions relating to the
nature of the offense or the | 3 | | rehabilitation of the defendant as determined for
each | 4 | | defendant in the proper discretion of the Court require that | 5 | | the person:
| 6 | | (1) serve a term of periodic imprisonment under Article | 7 | | 7 for a
period not to exceed that specified in paragraph | 8 | | (d) of Section 5-7-1;
| 9 | | (2) pay a fine and costs;
| 10 | | (3) work or pursue a course of study or vocational | 11 | | training;
| 12 | | (4) undergo medical, psychological or psychiatric | 13 | | treatment; or treatment
for drug addiction or alcoholism;
| 14 | | (5) attend or reside in a facility established for the | 15 | | instruction
or residence of defendants on probation;
| 16 | | (6) support his dependents;
| 17 | | (7) 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;
| 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 convicted of a crime of |
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| 1 | | violence as
defined in
Section 2 of the Crime Victims | 2 | | Compensation Act committed in a school, on the
real
| 3 | | property
comprising a school, or within 1,000 feet of | 4 | | the real property comprising a
school;
| 5 | | (8) make restitution as provided in Section 5-5-6 of | 6 | | this Code;
| 7 | | (9) perform some reasonable public or community | 8 | | service;
| 9 | | (10) serve a term of home confinement. In addition to | 10 | | any other
applicable condition of probation or conditional | 11 | | discharge, the
conditions of home confinement shall be that | 12 | | the offender:
| 13 | | (i) remain within the interior premises of the | 14 | | place designated for
his confinement during the hours | 15 | | designated by the court;
| 16 | | (ii) admit any person or agent designated by the | 17 | | court into the
offender's place of confinement at any | 18 | | time for purposes of verifying
the offender's | 19 | | compliance with the conditions of his confinement; and
| 20 | | (iii) if further deemed necessary by the court or | 21 | | the
Probation or
Court Services Department, be placed | 22 | | on an approved
electronic monitoring device, subject | 23 | | to Article 8A of Chapter V;
| 24 | | (iv) for persons convicted of any alcohol, | 25 | | cannabis or controlled
substance violation who are | 26 | | placed on an approved monitoring device as a
condition |
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| 1 | | of probation or conditional discharge, the court shall | 2 | | impose a
reasonable fee for each day of the use of the | 3 | | device, as established by the
county board in | 4 | | subsection (g) of this Section, unless after | 5 | | determining the
inability of the offender to pay the | 6 | | fee, the court assesses a lesser fee or no
fee as the | 7 | | case may be. This fee shall be imposed in addition to | 8 | | the fees
imposed under subsections (g) and (i) of this | 9 | | Section. The fee shall be
collected by the clerk of the | 10 | | circuit court, except as provided in an administrative | 11 | | order of the Chief Judge of the circuit court. The | 12 | | clerk of the circuit
court shall pay all monies | 13 | | collected from this fee to the county treasurer
for | 14 | | deposit in the substance abuse services fund under | 15 | | Section 5-1086.1 of
the Counties Code, except as | 16 | | provided in an administrative order of the Chief Judge | 17 | | of the circuit court. | 18 | | The Chief Judge of the circuit court of the county | 19 | | may by administrative order establish a program for | 20 | | electronic monitoring of offenders, in which a vendor | 21 | | supplies and monitors the operation of the electronic | 22 | | monitoring device, and collects the fees on behalf of | 23 | | the county. The program shall include provisions for | 24 | | indigent offenders and the collection of unpaid fees. | 25 | | The program shall not unduly burden the offender and | 26 | | shall be subject to review by the Chief Judge. |
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| 1 | | The Chief Judge of the circuit court may suspend | 2 | | any additional charges or fees for late payment, | 3 | | interest, or damage to any device; and
| 4 | | (v) for persons convicted of offenses other than | 5 | | those referenced in
clause (iv) above and who are | 6 | | placed on an approved monitoring device as a
condition | 7 | | of probation or conditional discharge, the court shall | 8 | | impose
a reasonable fee for each day of the use of the | 9 | | device, as established by the
county board in | 10 | | subsection (g) of this Section, unless after | 11 | | determining the
inability of the defendant to pay the | 12 | | fee, the court assesses a lesser fee or
no fee as the | 13 | | case may be. This fee shall be imposed in addition to | 14 | | the fees
imposed under subsections (g) and (i) of this | 15 | | Section. The fee
shall be collected by the clerk of the | 16 | | circuit court, except as provided in an administrative | 17 | | order of the Chief Judge of the circuit court. The | 18 | | clerk of the circuit
court shall pay all monies | 19 | | collected from this fee
to the county treasurer who | 20 | | shall use the monies collected to defray the
costs of | 21 | | corrections. The county treasurer shall deposit the | 22 | | fee
collected in the probation and court services fund.
| 23 | | The Chief Judge of the circuit court of the county may | 24 | | by administrative order establish a program for | 25 | | electronic monitoring of offenders, in which a vendor | 26 | | supplies and monitors the operation of the electronic |
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| 1 | | monitoring device, and collects the fees on behalf of | 2 | | the county. The program shall include provisions for | 3 | | indigent offenders and the collection of unpaid fees. | 4 | | The program shall not unduly burden the offender and | 5 | | shall be subject to review by the Chief Judge.
| 6 | | The Chief Judge of the circuit court may suspend | 7 | | any additional charges or fees for late payment, | 8 | | interest, or damage to any device. | 9 | | (11) comply with the terms and conditions of an order | 10 | | of protection issued
by the court pursuant to the Illinois | 11 | | Domestic Violence Act of 1986,
as now or hereafter amended, | 12 | | or an order of protection issued by the court of
another | 13 | | state, tribe, or United States territory. A copy of the | 14 | | order of
protection shall be
transmitted to the probation | 15 | | officer or agency
having responsibility for the case;
| 16 | | (12) reimburse any "local anti-crime program" as | 17 | | defined in Section 7
of the Anti-Crime Advisory Council Act | 18 | | for any reasonable expenses incurred
by the program on the | 19 | | offender's case, not to exceed the maximum amount of
the | 20 | | fine authorized for the offense for which the defendant was | 21 | | sentenced;
| 22 | | (13) contribute a reasonable sum of money, not to | 23 | | exceed the maximum
amount of the fine authorized for the
| 24 | | offense for which the defendant was sentenced, (i) to a | 25 | | "local anti-crime
program", as defined in Section 7 of the | 26 | | Anti-Crime Advisory Council Act, or (ii) for offenses under |
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| 1 | | the jurisdiction of the Department of Natural Resources, to | 2 | | the fund established by the Department of Natural Resources | 3 | | for the purchase of evidence for investigation purposes and | 4 | | to conduct investigations as outlined in Section 805-105 of | 5 | | the Department of Natural Resources (Conservation) Law;
| 6 | | (14) refrain from entering into a designated | 7 | | geographic area except upon
such terms as the court finds | 8 | | appropriate. Such terms may include
consideration of the | 9 | | purpose of the entry, the time of day, other persons
| 10 | | accompanying the defendant, and advance approval by a
| 11 | | probation officer, if
the defendant has been placed on | 12 | | probation or advance approval by the
court, if the | 13 | | defendant was placed on conditional discharge;
| 14 | | (15) 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;
| 18 | | (16) refrain from having in his or her body the | 19 | | presence of any illicit
drug prohibited by the Cannabis | 20 | | Control Act, the Illinois Controlled
Substances Act, or the | 21 | | Methamphetamine Control and Community Protection Act, | 22 | | unless prescribed by a physician, and submit samples of
his | 23 | | or her blood or urine or both for tests to determine the | 24 | | presence of any
illicit drug;
| 25 | | (17) if convicted for an offense committed on or after | 26 | | June 1, 2008 (the effective date of Public Act 95-464) that |
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| 1 | | would qualify the accused as a child sex offender as | 2 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | 3 | | 1961 or the Criminal Code of 2012, refrain from | 4 | | communicating with or contacting, by means of the Internet, | 5 | | a person who is related to the accused and whom the accused | 6 | | reasonably believes to be under 18 years of age; for | 7 | | purposes of this paragraph (17), "Internet" has the meaning | 8 | | ascribed to it in Section 16-0.1 of the Criminal Code of | 9 | | 2012; and a person is related to the accused if the person | 10 | | is: (i) the spouse, brother, or sister of the accused; (ii) | 11 | | a descendant of the accused; (iii) a first or second cousin | 12 | | of the accused; or (iv) a step-child or adopted child of | 13 | | 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 |
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| 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 |
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| 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 |
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| 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, except as provided in an administrative | 13 | | order of the Chief Judge of the circuit court. The clerk of
the | 14 | | circuit court shall pay all moneys collected from these fees to | 15 | | the county
treasurer who shall use the moneys collected to | 16 | | defray the costs of
drug testing, alcohol testing, and | 17 | | electronic monitoring.
The county treasurer shall deposit the | 18 | | fees collected in the
county working cash fund under Section | 19 | | 6-27001 or Section 6-29002 of the
Counties Code, as the case | 20 | | may be.
The Chief Judge of the circuit court of the county may | 21 | | by administrative order establish a program for electronic | 22 | | monitoring of offenders, in which a vendor supplies and | 23 | | monitors the operation of the electronic monitoring device, and | 24 | | collects the fees on behalf of the county. The program shall | 25 | | include provisions for indigent offenders and the collection of | 26 | | unpaid fees. The program shall not unduly burden the offender |
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| 1 | | and shall be subject to review by the Chief Judge.
| 2 | | The Chief Judge of the circuit court may suspend any | 3 | | additional charges or fees for late payment, interest, or | 4 | | damage to any device. | 5 | | (h) Jurisdiction over an offender may be transferred from | 6 | | the
sentencing court to the court of another circuit with the | 7 | | concurrence of
both courts. Further transfers or retransfers of
| 8 | | jurisdiction are also
authorized in the same manner. The court | 9 | | to which jurisdiction has been
transferred shall have the same | 10 | | powers as the sentencing court.
The probation department within | 11 | | the circuit to which jurisdiction has been transferred, or | 12 | | which has agreed to provide supervision, may impose probation | 13 | | fees upon receiving the transferred offender, as provided in | 14 | | subsection (i). For all transfer cases, as defined in Section | 15 | | 9b of the Probation and Probation Officers Act, the probation | 16 | | department from the original sentencing court shall retain all | 17 | | probation fees collected prior to the transfer. After the | 18 | | transfer
all probation fees shall be paid to the probation | 19 | | department within the
circuit to which jurisdiction has been | 20 | | transferred.
| 21 | | (i) The court shall impose upon an offender
sentenced to | 22 | | probation after January 1, 1989 or to conditional discharge
| 23 | | after January 1, 1992 or to community service under the | 24 | | supervision of a
probation or court services department after | 25 | | January 1, 2004, as a condition of such probation or | 26 | | conditional
discharge or supervised community service, a fee of |
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| 1 | | $50
for each month of probation or
conditional
discharge | 2 | | supervision or supervised community service ordered by the | 3 | | court, unless after
determining the inability of the person | 4 | | sentenced to probation or conditional
discharge or supervised | 5 | | community service to pay the
fee, the court assesses a lesser | 6 | | fee. The court may not impose the fee on a
minor who is made a | 7 | | ward of the State under the Juvenile Court Act of 1987
while | 8 | | the minor is in placement.
The fee shall be imposed only upon
| 9 | | an offender who is actively supervised by the
probation and | 10 | | court services
department. The fee shall be collected by the | 11 | | clerk
of the circuit court. The clerk of the circuit court | 12 | | shall pay all monies
collected from this fee to the county | 13 | | treasurer for deposit in the
probation and court services fund | 14 | | under Section 15.1 of the
Probation and Probation Officers Act.
| 15 | | A circuit court may not impose a probation fee under this | 16 | | subsection (i) in excess of $25
per month unless the circuit | 17 | | court has adopted, by administrative
order issued by the chief | 18 | | judge, a standard probation fee guide
determining an offender's | 19 | | ability to pay Of the
amount collected as a probation fee, up | 20 | | to $5 of that fee
collected per month may be used to provide | 21 | | services to crime victims
and their families. | 22 | | The Court may only waive probation fees based on an | 23 | | offender's ability to pay. The probation department may | 24 | | re-evaluate an offender's ability to pay every 6 months, and, | 25 | | with the approval of the Director of Court Services or the | 26 | | Chief Probation Officer, adjust the monthly fee amount. An |
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| 1 | | offender may elect to pay probation fees due in a lump sum.
Any | 2 | | offender that has been assigned to the supervision of a | 3 | | probation department, or has been transferred either under | 4 | | subsection (h) of this Section or under any interstate compact, | 5 | | shall be required to pay probation fees to the department | 6 | | supervising the offender, based on the offender's ability to | 7 | | pay.
| 8 | | This amendatory Act of the 93rd General Assembly deletes | 9 | | the $10 increase in the fee under this subsection that was | 10 | | imposed by Public Act 93-616. This deletion is intended to | 11 | | control over any other Act of the 93rd General Assembly that | 12 | | retains or incorporates that fee increase. | 13 | | (i-5) In addition to the fees imposed under subsection (i) | 14 | | of this Section, in the case of an offender convicted of a | 15 | | felony sex offense (as defined in the Sex Offender Management | 16 | | Board Act) or an offense that the court or probation department | 17 | | has determined to be sexually motivated (as defined in the Sex | 18 | | Offender Management Board Act), the court or the probation | 19 | | department shall assess additional fees to pay for all costs of | 20 | | treatment, assessment, evaluation for risk and treatment, and | 21 | | monitoring the offender, based on that offender's ability to | 22 | | pay those costs either as they occur or under a payment plan. | 23 | | (j) All fines and costs imposed under this Section for any | 24 | | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | 25 | | Code, or a similar
provision of a local ordinance, and any | 26 | | violation of the Child Passenger
Protection Act, or a similar |
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| 1 | | provision of a local ordinance, shall be
collected and | 2 | | disbursed by the circuit clerk as provided under Section 27.5
| 3 | | of the Clerks of Courts Act.
| 4 | | (k) Any offender who is sentenced to probation or | 5 | | conditional discharge for a felony sex offense as defined in | 6 | | the Sex Offender Management Board Act or any offense that the | 7 | | court or probation department has determined to be sexually | 8 | | motivated as defined in the Sex Offender Management Board Act | 9 | | shall be required to refrain from any contact, directly or | 10 | | indirectly, with any persons specified by the court and shall | 11 | | be available for all evaluations and treatment programs | 12 | | required by the court or the probation department.
| 13 | | (l) The court may order an offender who is sentenced to | 14 | | probation or conditional
discharge for a violation of an order | 15 | | of protection be placed under electronic surveillance as | 16 | | provided in Section 5-8A-7 of this Code. | 17 | | (Source: P.A. 98-575, eff. 1-1-14; 98-718, eff. 1-1-15; 99-143, | 18 | | eff. 7-27-15; 99-797, eff. 8-12-16.)".
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