Full Text of HB3576 101st General Assembly
HB3576sam001 101ST GENERAL ASSEMBLY | Sen. Jennifer Bertino-Tarrant Filed: 5/30/2019
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| 1 | | AMENDMENT TO HOUSE BILL 3576
| 2 | | AMENDMENT NO. ______. Amend House Bill 3576 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Freedom of Information Act is amended by | 5 | | changing Section 7.5 as follows: | 6 | | (5 ILCS 140/7.5) | 7 | | Sec. 7.5. Statutory exemptions. To the extent provided for | 8 | | by the statutes referenced below, the following shall be exempt | 9 | | from inspection and copying: | 10 | | (a) All information determined to be confidential | 11 | | under Section 4002 of the Technology Advancement and | 12 | | Development Act. | 13 | | (b) Library circulation and order records identifying | 14 | | library users with specific materials under the Library | 15 | | Records Confidentiality Act. | 16 | | (c) Applications, related documents, and medical |
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| 1 | | records received by the Experimental Organ Transplantation | 2 | | Procedures Board and any and all documents or other records | 3 | | prepared by the Experimental Organ Transplantation | 4 | | Procedures Board or its staff relating to applications it | 5 | | has received. | 6 | | (d) Information and records held by the Department of | 7 | | Public Health and its authorized representatives relating | 8 | | to known or suspected cases of sexually transmissible | 9 | | disease or any information the disclosure of which is | 10 | | restricted under the Illinois Sexually Transmissible | 11 | | Disease Control Act. | 12 | | (e) Information the disclosure of which is exempted | 13 | | under Section 30 of the Radon Industry Licensing Act. | 14 | | (f) Firm performance evaluations under Section 55 of | 15 | | the Architectural, Engineering, and Land Surveying | 16 | | Qualifications Based Selection Act. | 17 | | (g) Information the disclosure of which is restricted | 18 | | and exempted under Section 50 of the Illinois Prepaid | 19 | | Tuition Act. | 20 | | (h) Information the disclosure of which is exempted | 21 | | under the State Officials and Employees Ethics Act, and | 22 | | records of any lawfully created State or local inspector | 23 | | general's office that would be exempt if created or | 24 | | obtained by an Executive Inspector General's office under | 25 | | that Act. | 26 | | (i) Information contained in a local emergency energy |
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| 1 | | plan submitted to a municipality in accordance with a local | 2 | | emergency energy plan ordinance that is adopted under | 3 | | Section 11-21.5-5 of the Illinois Municipal Code. | 4 | | (j) Information and data concerning the distribution | 5 | | of surcharge moneys collected and remitted by carriers | 6 | | under the Emergency Telephone System Act. | 7 | | (k) Law enforcement officer identification information | 8 | | or driver identification information compiled by a law | 9 | | enforcement agency or the Department of Transportation | 10 | | under Section 11-212 of the Illinois Vehicle Code. | 11 | | (l) Records and information provided to a residential | 12 | | health care facility resident sexual assault and death | 13 | | review team or the Executive Council under the Abuse | 14 | | Prevention Review Team Act. | 15 | | (m) Information provided to the predatory lending | 16 | | database created pursuant to Article 3 of the Residential | 17 | | Real Property Disclosure Act, except to the extent | 18 | | authorized under that Article. | 19 | | (n) Defense budgets and petitions for certification of | 20 | | compensation and expenses for court appointed trial | 21 | | counsel as provided under Sections 10 and 15 of the Capital | 22 | | Crimes Litigation Act. This subsection (n) shall apply | 23 | | until the conclusion of the trial of the case, even if the | 24 | | prosecution chooses not to pursue the death penalty prior | 25 | | to trial or sentencing. | 26 | | (o) Information that is prohibited from being |
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| 1 | | disclosed under Section 4 of the Illinois Health and | 2 | | Hazardous Substances Registry Act. | 3 | | (p) Security portions of system safety program plans, | 4 | | investigation reports, surveys, schedules, lists, data, or | 5 | | information compiled, collected, or prepared by or for the | 6 | | Regional Transportation Authority under Section 2.11 of | 7 | | the Regional Transportation Authority Act or the St. Clair | 8 | | County Transit District under the Bi-State Transit Safety | 9 | | Act. | 10 | | (q) Information prohibited from being disclosed by the | 11 | | Personnel Record Records Review Act. | 12 | | (r) Information prohibited from being disclosed by the | 13 | | Illinois School Student Records Act. | 14 | | (s) Information the disclosure of which is restricted | 15 | | under Section 5-108 of the Public Utilities Act.
| 16 | | (t) All identified or deidentified health information | 17 | | in the form of health data or medical records contained in, | 18 | | stored in, submitted to, transferred by, or released from | 19 | | the Illinois Health Information Exchange, and identified | 20 | | or deidentified health information in the form of health | 21 | | data and medical records of the Illinois Health Information | 22 | | Exchange in the possession of the Illinois Health | 23 | | Information Exchange Authority due to its administration | 24 | | of the Illinois Health Information Exchange. The terms | 25 | | "identified" and "deidentified" shall be given the same | 26 | | meaning as in the Health Insurance Portability and |
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| 1 | | Accountability Act of 1996, Public Law 104-191, or any | 2 | | subsequent amendments thereto, and any regulations | 3 | | promulgated thereunder. | 4 | | (u) Records and information provided to an independent | 5 | | team of experts under the Developmental Disability and | 6 | | Mental Health Safety Act (also known as Brian's Law ) . | 7 | | (v) Names and information of people who have applied | 8 | | for or received Firearm Owner's Identification Cards under | 9 | | the Firearm Owners Identification Card Act or applied for | 10 | | or received a concealed carry license under the Firearm | 11 | | Concealed Carry Act, unless otherwise authorized by the | 12 | | Firearm Concealed Carry Act; and databases under the | 13 | | Firearm Concealed Carry Act, records of the Concealed Carry | 14 | | Licensing Review Board under the Firearm Concealed Carry | 15 | | Act, and law enforcement agency objections under the | 16 | | Firearm Concealed Carry Act. | 17 | | (w) Personally identifiable information which is | 18 | | exempted from disclosure under subsection (g) of Section | 19 | | 19.1 of the Toll Highway Act. | 20 | | (x) Information which is exempted from disclosure | 21 | | under Section 5-1014.3 of the Counties Code or Section | 22 | | 8-11-21 of the Illinois Municipal Code. | 23 | | (y) Confidential information under the Adult | 24 | | Protective Services Act and its predecessor enabling | 25 | | statute, the Elder Abuse and Neglect Act, including | 26 | | information about the identity and administrative finding |
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| 1 | | against any caregiver of a verified and substantiated | 2 | | decision of abuse, neglect, or financial exploitation of an | 3 | | eligible adult maintained in the Registry established | 4 | | under Section 7.5 of the Adult Protective Services Act. | 5 | | (z) Records and information provided to a fatality | 6 | | review team or the Illinois Fatality Review Team Advisory | 7 | | Council under Section 15 of the Adult Protective Services | 8 | | Act. | 9 | | (aa) Information which is exempted from disclosure | 10 | | under Section 2.37 of the Wildlife Code. | 11 | | (bb) Information which is or was prohibited from | 12 | | disclosure by the Juvenile Court Act of 1987. | 13 | | (cc) Recordings made under the Law Enforcement | 14 | | Officer-Worn Body Camera Act, except to the extent | 15 | | authorized under that Act. | 16 | | (dd) Information that is prohibited from being | 17 | | disclosed under Section 45 of the Condominium and Common | 18 | | Interest Community Ombudsperson Act. | 19 | | (ee) Information that is exempted from disclosure | 20 | | under Section 30.1 of the Pharmacy Practice Act. | 21 | | (ff) Information that is exempted from disclosure | 22 | | under the Revised Uniform Unclaimed Property Act. | 23 | | (gg) Information that is prohibited from being | 24 | | disclosed under Section 7-603.5 of the Illinois Vehicle | 25 | | Code. | 26 | | (hh) Records that are exempt from disclosure under |
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| 1 | | Section 1A-16.7 of the Election Code. | 2 | | (ii) Information which is exempted from disclosure | 3 | | under Section 2505-800 of the Department of Revenue Law of | 4 | | the Civil Administrative Code of Illinois. | 5 | | (jj) Information and reports that are required to be | 6 | | submitted to the Department of Labor by registering day and | 7 | | temporary labor service agencies but are exempt from | 8 | | disclosure under subsection (a-1) of Section 45 of the Day | 9 | | and Temporary Labor Services Act. | 10 | | (kk) Information prohibited from disclosure under the | 11 | | Seizure and Forfeiture Reporting Act. | 12 | | (ll) Information the disclosure of which is restricted | 13 | | and exempted under Section 5-30.8 of the Illinois Public | 14 | | Aid Code. | 15 | | (mm) (ll) Records that are exempt from disclosure under | 16 | | Section 4.2 of the Crime Victims Compensation Act. | 17 | | (nn) (ll) Information that is exempt from disclosure | 18 | | under Section 70 of the Higher Education Student Assistance | 19 | | Act. | 20 | | (oo) Records and information exempt from disclosure | 21 | | under Section 2605-304 of the Department of State Police | 22 | | Law of the Civil Administrative Code of Illinois. | 23 | | (Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, | 24 | | eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; | 25 | | 99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | 26 | | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. |
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| 1 | | 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | 2 | | eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; | 3 | | 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised | 4 | | 10-12-18.) | 5 | | Section 10. The Department of State Police Law of the
Civil | 6 | | Administrative Code of Illinois is amended by adding Sections | 7 | | 2605-304 and 2605-610 as follows: | 8 | | (20 ILCS 2605/2605-304 new) | 9 | | Sec. 2605-304. Prohibited Persons Portal. | 10 | | (a) Within 180 days of the effective date of this | 11 | | amendatory Act of the 101st General Assembly, the Department | 12 | | shall establish a Portal for use by federal, State, or local | 13 | | law enforcement agencies, including State's Attorneys and the | 14 | | Office of the Attorney General, to capture a report of persons | 15 | | whose Firearm Owner's Identification Cards have been revoked or | 16 | | suspended. The Portal is for law enforcement purposes only. | 17 | | (b) The Department shall include in the report the reason | 18 | | the person's Firearm Owner's Identification Card was subject to | 19 | | revocation or suspension, to the extent allowed by law, | 20 | | consistent with Section 8 of the Firearm Owners Identification | 21 | | Card Act. | 22 | | (c) The Department shall indicate whether the person | 23 | | subject to the revocation or suspension of his or her Firearm | 24 | | Owner's Identification Card has surrendered his or her revoked |
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| 1 | | or suspended Firearm Owner's Identification Card and whether | 2 | | the person has completed a Firearm Disposition Record required | 3 | | under Section 9.5 of the Firearm Owners Identification Card | 4 | | Act. | 5 | | (d) The Department shall provide updates of information | 6 | | related to an individual's current Firearm Owner's | 7 | | Identification Card revocation or suspension status, including | 8 | | compliance under Section 9.5 of the Firearm Owners | 9 | | Identification Card Act, in the Department's Law Enforcement | 10 | | Agencies Data System. | 11 | | (e) Records and information in the Portal are exempt from | 12 | | disclosure under the Freedom of Information Act. | 13 | | (f) The Department may adopt rules necessary to implement | 14 | | this Section. | 15 | | (20 ILCS 2605/2605-610 new) | 16 | | Sec. 2605-610. Firearm Recovery Task Force. The Director | 17 | | shall establish a statewide multi-jurisdictional Firearm | 18 | | Recovery Task Force led by the Department to seize and recover | 19 | | the Firearm Owner's Identification Cards of revoked persons and | 20 | | to enforce Section 9.5 of the Firearm Owner's Identification | 21 | | Card Act. | 22 | | The Task Force may work with units of local government in | 23 | | its recovery efforts. In working with a unit of local | 24 | | government, the Task Force shall operate under an | 25 | | intergovernmental agreement entered into with that unit of |
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| 1 | | local government in conformity with the provisions of the | 2 | | Intergovernmental Cooperation Act. Units of local government | 3 | | cooperating with the Task Force shall be reimbursed by the | 4 | | Department for expenses incurred in their cooperation with the | 5 | | Task Force. | 6 | | The creation of the Task Force is subject to appropriation. | 7 | | For purposes of this Section: | 8 | | "Revoked person" means a person whose Firearm Owner's | 9 | | Identification Card has been revoked under Section 8 of the | 10 | | Firearm Owners Identification Card Act. | 11 | | "Unit of local government" has the meaning provided in | 12 | | Section 1 of Article VII of the Illinois Constitution and | 13 | | includes both home rule and non-home rule units. | 14 | | Section 15. The State Finance Act is amended by adding | 15 | | Sections 5.891, 5.893, 6z-107, and 6z-108 as follows: | 16 | | (30 ILCS 105/5.891 new) | 17 | | Sec. 5.891. The State Police Revocation Enforcement Fund. | 18 | | (30 ILCS 105/5.893 new) | 19 | | Sec. 5.893. The School-Based Mental Health Services Fund. | 20 | | (30 ILCS 105/6z-107 new) | 21 | | Sec. 6z-107. State Police Revocation Enforcement Fund. | 22 | | (a) The State Police Revocation Enforcement Fund is |
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| 1 | | established as a special fund in the State treasury. This Fund | 2 | | is established to receive moneys from the Firearm Owners | 3 | | Identification Card Act to enforce that Act, the Firearm | 4 | | Concealed Carry Act, Article 24 of the Criminal Code of 2012, | 5 | | and other firearm offenses. The Fund may also receive revenue | 6 | | from grants, donations, appropriations, and any other legal | 7 | | source. | 8 | | (b) The Department of State Police may use moneys from the | 9 | | Fund to establish task forces and, if necessary, include other | 10 | | law enforcement agencies, pursuant to intergovernmental | 11 | | contracts written and executed in conformity with the | 12 | | Intergovernmental Cooperation Act. | 13 | | (c) The Department of State Police may use moneys in the | 14 | | Fund to hire and train State Police officers and other law | 15 | | enforcement purposes. | 16 | | (d) The State Police Revocation Enforcement Fund is not | 17 | | subject to administrative chargebacks. | 18 | | (30 ILCS 105/6z-108 new) | 19 | | Sec. 6z-108. School-Based Mental Health Services Fund. The | 20 | | School-Based Mental Health Services Fund is created as a | 21 | | special fund in the State treasury. Moneys in the fund shall be | 22 | | distributed annually by the Department of Human Services to | 23 | | issue grants that use and promote the National School Mental | 24 | | Health Curriculum model for school-based mental health | 25 | | support, integration, and services. The Department of Human |
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| 1 | | Services may adopt any rules necessary to carry out this | 2 | | provision. | 3 | | Section 20. The Firearm Owners Identification Card Act is | 4 | | amended by changing Sections 3.1, 5, 8, and 9.5 and by adding | 5 | | Section 8.4 as follows:
| 6 | | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
| 7 | | Sec. 3.1. Dial up system. | 8 | | (a) The Department of State Police shall provide
a dial up | 9 | | telephone system or utilize other existing technology which | 10 | | shall be used by any federally licensed
firearm dealer, gun | 11 | | show promoter, or gun show vendor who is to transfer a firearm, | 12 | | stun gun, or taser under the provisions of this
Act. The | 13 | | Department of State Police may utilize existing technology | 14 | | which
allows the caller to be charged a fee not to exceed $2. | 15 | | Fees collected by the Department of
State Police shall be | 16 | | deposited in the State Police Services Fund and used
to provide | 17 | | the service.
| 18 | | (b) Upon receiving a request from a federally licensed | 19 | | firearm dealer, gun show promoter, or gun show vendor, the
| 20 | | Department of State Police shall immediately approve, or within | 21 | | the time
period established by Section 24-3 of the Criminal | 22 | | Code of 2012 regarding
the delivery of firearms, stun guns, and | 23 | | tasers notify the inquiring dealer, gun show promoter, or gun | 24 | | show vendor of any objection that
would disqualify the |
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| 1 | | transferee from acquiring or possessing a firearm, stun gun, or | 2 | | taser. In
conducting the inquiry, the Department of State | 3 | | Police shall initiate and
complete an automated search of its | 4 | | criminal history record information
files and those of the | 5 | | Federal Bureau of Investigation, including the
National | 6 | | Instant Criminal Background Check System, and of the files of
| 7 | | the Department of Human Services relating to mental health and
| 8 | | developmental disabilities to obtain
any prohibiting | 9 | | information felony conviction or patient hospitalization | 10 | | information which would
disqualify a person from obtaining or | 11 | | require revocation of a currently
valid Firearm Owner's | 12 | | Identification Card. | 13 | | (c) If receipt of a firearm would not violate Section 24-3 | 14 | | of the Criminal Code of 2012, federal law, or this Act the | 15 | | Department of State Police shall: | 16 | | (1) assign a unique identification number to the | 17 | | transfer; and | 18 | | (2) provide the licensee, gun show promoter, or gun | 19 | | show vendor with the number. | 20 | | (d) Approvals issued by the Department of State Police for | 21 | | the purchase of a firearm are valid for 30 days from the date | 22 | | of issue.
| 23 | | (e) (1) The Department of State Police must act as the | 24 | | Illinois Point of Contact
for the National Instant Criminal | 25 | | Background Check System. | 26 | | (2) The Department of State Police and the Department of |
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| 1 | | Human Services shall, in accordance with State and federal law | 2 | | regarding confidentiality, enter into a memorandum of | 3 | | understanding with the Federal Bureau of Investigation for the | 4 | | purpose of implementing the National Instant Criminal | 5 | | Background Check System in the State. The Department of State | 6 | | Police shall report the name, date of birth, and physical | 7 | | description of any person prohibited from possessing a firearm | 8 | | pursuant to the Firearm Owners Identification Card Act or 18 | 9 | | U.S.C. 922(g) and (n) to the National Instant Criminal | 10 | | Background Check System Index, Denied Persons Files.
| 11 | | (3) The Department of State Police shall provide notice of | 12 | | the disqualification of a person under subsection (b) of this | 13 | | Section or the revocation of a person's Firearm Owner's | 14 | | Identification Card under Section 8 or Section 8.2 of this Act, | 15 | | and the reason for the disqualification or revocation, to all | 16 | | law enforcement agencies with jurisdiction to assist with the | 17 | | seizure of the person's Firearm Owner's Identification Card. | 18 | | (f) The Department of State Police shall adopt rules not | 19 | | inconsistent with this Section to implement this
system.
| 20 | | (Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17 .)
| 21 | | (430 ILCS 65/5) (from Ch. 38, par. 83-5)
| 22 | | Sec. 5. Application and renewal. | 23 | | (a) The Department of State Police shall either approve or
| 24 | | deny all complete applications within 30 business days from the | 25 | | date they are received,
except as provided in subsection (b) of |
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| 1 | | this Section, and every applicant found qualified under Section | 2 | | 8 of this Act by
the Department shall be entitled to a Firearm | 3 | | Owner's Identification
Card upon the payment of a $20 $10 fee , | 4 | | and applicable processing fees . Any applicant who is an active | 5 | | duty member of the Armed Forces of the United States, a member | 6 | | of the Illinois National Guard, or a member of the Reserve | 7 | | Forces of the United States is exempt from the application fee. | 8 | | $9 of each fee derived from the issuance of Firearm Owner's | 9 | | Identification Cards, or renewals thereof, shall be deposited | 10 | | in the State Police Firearm Services Fund; $6 of the fee shall | 11 | | be deposited in the Wildlife and Fish Fund in the State | 12 | | Treasury; and $5 of the fee shall be deposited in the State | 13 | | Police Revocation Enforcement Fund. $6 of each fee derived from | 14 | | the
issuance of Firearm Owner's Identification Cards, or | 15 | | renewals thereof,
shall be deposited in the Wildlife and Fish | 16 | | Fund in the State Treasury;
$1 of the fee shall be deposited in | 17 | | the State Police Services Fund and $3 of the fee shall be | 18 | | deposited in the
State Police Firearm Services Fund. | 19 | | (b) Complete renewal Renewal applications shall be | 20 | | approved or denied within 60 business days, provided the | 21 | | applicant submitted his or her renewal application prior to the | 22 | | expiration of his or her Firearm Owner's Identification Card. | 23 | | If a renewal application has been submitted prior to the | 24 | | expiration date of the applicant's Firearm Owner's | 25 | | Identification Card, the Firearm Owner's Identification Card | 26 | | shall remain valid while the Department processes the |
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| 1 | | application, unless the person is subject to or becomes subject | 2 | | to revocation under this Act. The cost for a renewal | 3 | | application shall be $20 and applicable processing fees, of $10 | 4 | | which $9 shall be deposited into the State Police Firearm | 5 | | Services Fund ; $6 of the fee shall be deposited in the Wildlife | 6 | | and Fish Fund in the State Treasury; and $5 shall be deposited | 7 | | in the State Police Revocation Enforcement Fund .
| 8 | | (c) In this Section, "complete application" and "complete | 9 | | renewal application" means the applicant has submitted the | 10 | | evidence required by Section 4. | 11 | | (Source: P.A. 100-906, eff. 1-1-19 .)
| 12 | | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| 13 | | Sec. 8. Grounds for denial and revocation. The Department | 14 | | of State Police has authority to deny an
application for or to | 15 | | revoke and seize a Firearm Owner's Identification
Card | 16 | | previously issued under this Act only if the Department finds | 17 | | that the
applicant or the person to whom such card was issued | 18 | | is or was at the time
of issuance:
| 19 | | (a) A person under 21 years of age who has been | 20 | | convicted of a
misdemeanor other than a traffic offense or | 21 | | adjudged delinquent;
| 22 | | (b) A person under 21 years of age who does not have | 23 | | the written consent
of his parent or guardian to acquire | 24 | | and possess firearms and firearm
ammunition, or whose | 25 | | parent or guardian has revoked such written consent,
or |
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| 1 | | where such parent or guardian does not qualify to have a | 2 | | Firearm Owner's
Identification Card;
| 3 | | (c) A person convicted of a felony under the laws of | 4 | | this or any other
jurisdiction;
| 5 | | (d) A person addicted to narcotics;
| 6 | | (e) A person who has been a patient of a mental health | 7 | | facility within the
past 5 years or a person who has been a | 8 | | patient in a mental health facility more than 5 years ago | 9 | | who has not received the certification required under | 10 | | subsection (u) of this Section. An active law enforcement | 11 | | officer employed by a unit of government who is denied, | 12 | | revoked, or has his or her Firearm Owner's Identification | 13 | | Card seized under this subsection (e) may obtain relief as | 14 | | described in subsection (c-5) of Section 10 of this Act if | 15 | | the officer did not act in a manner threatening to the | 16 | | officer, another person, or the public as determined by the | 17 | | treating clinical psychologist or physician, and the | 18 | | officer seeks mental health treatment;
| 19 | | (f) A person whose mental condition is of such a nature | 20 | | that it poses
a clear and present danger to the applicant, | 21 | | any other person or persons or
the community;
| 22 | | (g) A person who has an intellectual disability;
| 23 | | (h) A person who intentionally makes a false statement | 24 | | in the Firearm
Owner's Identification Card application;
| 25 | | (i) An alien who is unlawfully present in
the United | 26 | | States under the laws of the United States;
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| 1 | | (i-5) An alien who has been admitted to the United | 2 | | States under a
non-immigrant visa (as that term is defined | 3 | | in Section 101(a)(26) of the
Immigration and Nationality | 4 | | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | 5 | | (i-5) does not apply to any alien who has been lawfully | 6 | | admitted to
the United States under a non-immigrant visa if | 7 | | that alien is:
| 8 | | (1) admitted to the United States for lawful | 9 | | hunting or sporting purposes;
| 10 | | (2) an official representative of a foreign | 11 | | government who is:
| 12 | | (A) accredited to the United States Government | 13 | | or the Government's
mission to an international | 14 | | organization having its headquarters in the United
| 15 | | States; or
| 16 | | (B) en route to or from another country to | 17 | | which that alien is
accredited;
| 18 | | (3) an official of a foreign government or | 19 | | distinguished foreign visitor
who has been so | 20 | | designated by the Department of State;
| 21 | | (4) a foreign law enforcement officer of a friendly | 22 | | foreign government
entering the United States on | 23 | | official business; or
| 24 | | (5) one who has received a waiver from the Attorney | 25 | | General of the United
States pursuant to 18 U.S.C. | 26 | | 922(y)(3);
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| 1 | | (j) (Blank);
| 2 | | (k) A person who has been convicted within the past 5 | 3 | | years of battery,
assault, aggravated assault, violation | 4 | | of an order of protection, or a
substantially similar | 5 | | offense in another jurisdiction, in which a firearm was
| 6 | | used or possessed;
| 7 | | (l) A person who has been convicted of domestic | 8 | | battery, aggravated domestic battery, or a substantially
| 9 | | similar offense in another jurisdiction committed before, | 10 | | on or after January 1, 2012 (the effective date of Public | 11 | | Act 97-158). If the applicant or person who has been | 12 | | previously issued a Firearm Owner's Identification Card | 13 | | under this Act knowingly and intelligently waives the right | 14 | | to have an offense described in this paragraph (l) tried by | 15 | | a jury, and by guilty plea or otherwise, results in a | 16 | | conviction for an offense in which a domestic relationship | 17 | | is not a required element of the offense but in which a | 18 | | determination of the applicability of 18 U.S.C. 922(g)(9) | 19 | | is made under Section 112A-11.1 of the Code of Criminal | 20 | | Procedure of 1963, an entry by the court of a judgment of | 21 | | conviction for that offense shall be grounds for denying an | 22 | | application for and for revoking and seizing a Firearm | 23 | | Owner's Identification Card previously issued to the | 24 | | person under this Act;
| 25 | | (m) (Blank);
| 26 | | (n) A person who is prohibited from acquiring or |
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| 1 | | possessing
firearms or firearm ammunition by any Illinois | 2 | | State statute or by federal
law;
| 3 | | (o) A minor subject to a petition filed under Section | 4 | | 5-520 of the
Juvenile Court Act of 1987 alleging that the | 5 | | minor is a delinquent minor for
the commission of an | 6 | | offense that if committed by an adult would be a felony;
| 7 | | (p) An adult who had been adjudicated a delinquent | 8 | | minor under the Juvenile
Court Act of 1987 for the | 9 | | commission of an offense that if committed by an
adult | 10 | | would be a felony;
| 11 | | (q) A person who is not a resident of the State of | 12 | | Illinois, except as provided in subsection (a-10) of | 13 | | Section 4; | 14 | | (r) A person who has been adjudicated as a person with | 15 | | a mental disability; | 16 | | (s) A person who has been found to have a developmental | 17 | | disability; | 18 | | (t) A person involuntarily admitted into a mental | 19 | | health facility; or | 20 | | (u) A person who has had his or her Firearm Owner's | 21 | | Identification Card revoked or denied under subsection (e) | 22 | | of this Section or item (iv) of paragraph (2) of subsection | 23 | | (a) of Section 4 of this Act because he or she was a | 24 | | patient in a mental health facility as provided in | 25 | | subsection (e) of this Section, shall not be permitted to | 26 | | obtain a Firearm Owner's Identification Card, after the |
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| 1 | | 5-year period has lapsed, unless he or she has received a | 2 | | mental health evaluation by a physician, clinical | 3 | | psychologist, or qualified examiner as those terms are | 4 | | defined in the Mental Health and Developmental | 5 | | Disabilities Code, and has received a certification that he | 6 | | or she is not a clear and present danger to himself, | 7 | | herself, or others. The physician, clinical psychologist, | 8 | | or qualified examiner making the certification and his or | 9 | | her employer shall not be held criminally, civilly, or | 10 | | professionally liable for making or not making the | 11 | | certification required under this subsection, except for | 12 | | willful or wanton misconduct. This subsection does not | 13 | | apply to a person whose firearm possession rights have been | 14 | | restored through administrative or judicial action under | 15 | | Section 10 or 11 of this Act ; or . | 16 | | (v) A person who is under guardianship under the | 17 | | Probate Act of 1975 because he or she is a person with a | 18 | | disability as defined in Section 11a-2 of the Probate Act | 19 | | of 1975. | 20 | | Upon revocation of a person's Firearm Owner's | 21 | | Identification Card, the Department of State Police shall | 22 | | provide notice to the person within 7 business days and the | 23 | | person shall comply with Section 9.5 of this Act. | 24 | | (Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, | 25 | | eff. 7-16-14; 99-143, eff. 7-27-15.)
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| 1 | | (430 ILCS 65/8.4 new) | 2 | | Sec. 8.4. Cancellation of Firearm Owner's Identification | 3 | | Card. The Department of State Police may cancel a Firearm | 4 | | Owner's Identification Card if a person is not prohibited by | 5 | | State or federal law from acquiring or possessing a firearm or | 6 | | firearm ammunition and the sole purpose is for an | 7 | | administrative reason. Administrative reasons include, but are | 8 | | not limited to: a person who surrenders his or her Illinois | 9 | | drivers license or Illinois Identification Card to another | 10 | | jurisdiction, death, or where a person's Firearm Owner's | 11 | | Identification Card is reported as lost, stolen, or destroyed. | 12 | | The Department of State Police may adopt rules necessary to | 13 | | implement this Section. | 14 | | (430 ILCS 65/9.5) | 15 | | Sec. 9.5. Revocation or suspension of Firearm Owner's | 16 | | Identification
Card. | 17 | | (a) A person who receives a revocation or suspension notice | 18 | | under Section 9 of this Act shall, within 48 hours of receiving | 19 | | notice of the revocation or suspension : | 20 | | (1) surrender his or her Firearm Owner's | 21 | | Identification Card to the local law enforcement agency | 22 | | where the person resides. The local law enforcement agency | 23 | | shall provide the person a receipt and transmit the Firearm | 24 | | Owner's Identification Card to the Department of State | 25 | | Police; and |
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| 1 | | (2) complete a Firearm Disposition Record on a form | 2 | | prescribed by the Department of State Police and place his | 3 | | or her firearms in the location or with the person reported | 4 | | in the Firearm Disposition Record. The form shall require | 5 | | the person to disclose: | 6 | | (A) the make, model, and serial number of each | 7 | | firearm owned by or under the custody and control of | 8 | | the revoked or suspended person; | 9 | | (B) the location where each firearm will be | 10 | | maintained during the prohibited term; and | 11 | | (C) if any firearm will be transferred to the | 12 | | custody of another person, the name, address and | 13 | | Firearm Owner's Identification Card number of the | 14 | | transferee. | 15 | | (a-5) The Firearm Disposition Record shall contain a | 16 | | statement to be signed by the transferee that the transferee: | 17 | | (1) is aware of, and will abide by, current law | 18 | | regarding the unlawful transfer of a firearm; | 19 | | (2) is aware of the penalties for violating the law as | 20 | | it pertains to unlawful transfer of a firearm; and | 21 | | (3) intends to retain possession of the firearm or | 22 | | firearms until it is determined that the transferor is | 23 | | legally eligible to possess a firearm and has an active | 24 | | Firearm Owner's Identification Card, if applicable, or | 25 | | until a new person is chosen to hold the firearm or | 26 | | firearms. |
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| 1 | | (b) The local law enforcement agency shall provide a copy | 2 | | of the Firearm Disposition Record to the person whose Firearm | 3 | | Owner's Identification Card has been revoked or suspended, the | 4 | | transferee, and to the Department of State Police. | 5 | | (c) If the person whose Firearm Owner's Identification Card | 6 | | has been revoked or suspended fails to comply with the | 7 | | requirements of this Section, the sheriff or law enforcement | 8 | | agency where the person resides may petition the circuit court | 9 | | to issue a warrant to search for and seize the Firearm Owner's | 10 | | Identification Card and firearms in the possession or under the | 11 | | custody or control of the person whose Firearm Owner's | 12 | | Identification Card has been revoked or suspended . | 13 | | (d) A violation of subsection (a) of this Section is a | 14 | | Class A misdemeanor. | 15 | | (e) The observation of a Firearm Owner's Identification | 16 | | Card in the possession of a person whose Firearm Owner's | 17 | | Identification Card has been revoked or suspended constitutes a | 18 | | sufficient basis for the arrest of that person for violation of | 19 | | this Section. | 20 | | (f) Within 30 days after the effective date of this | 21 | | amendatory Act of the 98th General Assembly, the Department of | 22 | | State Police shall provide written notice of the requirements | 23 | | of this Section to persons whose Firearm Owner's Identification | 24 | | Cards have been revoked, suspended, or expired and who have | 25 | | failed to surrender their cards to the Department. | 26 | | (g) A person whose Firearm Owner's Identification Card has |
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| 1 | | been revoked or suspended and who received notice under | 2 | | subsection (f) shall comply with the requirements of this | 3 | | Section within 48 hours of receiving notice.
| 4 | | (Source: P.A. 98-63, eff. 7-9-13.) | 5 | | Section 25. The Code of Criminal Procedure of 1963 is | 6 | | amended by changing Section 110-10 as follows:
| 7 | | (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
| 8 | | Sec. 110-10. Conditions of bail bond.
| 9 | | (a) If a person is released prior to conviction, either | 10 | | upon payment of
bail security or on his or her own | 11 | | recognizance, the conditions of the bail
bond shall be that he | 12 | | or she will:
| 13 | | (1) Appear to answer the charge in the court having | 14 | | jurisdiction on
a day certain and thereafter as ordered by | 15 | | the court until discharged or
final order of the court;
| 16 | | (2) Submit himself or herself to the orders and process | 17 | | of the court;
| 18 | | (3) Not depart this State without leave of the court;
| 19 | | (4) Not violate any criminal statute of any | 20 | | jurisdiction;
| 21 | | (5) At a time and place designated by the court, the | 22 | | defendant shall physically surrender all firearms in his or | 23 | | her possession to a law enforcement agency designated by | 24 | | the court to take custody of and impound the firearms and |
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| 1 | | physically surrender his or her Firearm Owner's | 2 | | Identification Card to the law enforcement agency as a | 3 | | condition of remaining on bond pending sentencing | 4 | | surrender all firearms
in his or her possession to a law | 5 | | enforcement officer designated by the court
to take custody | 6 | | of and impound the firearms
and physically
surrender his or | 7 | | her Firearm Owner's Identification Card to the clerk of the
| 8 | | circuit court
when the offense the person has
been charged | 9 | | with is a forcible felony, stalking, aggravated stalking, | 10 | | domestic
battery, any violation of the Illinois Controlled | 11 | | Substances Act, the Methamphetamine Control and Community | 12 | | Protection Act, or the
Cannabis Control Act that is | 13 | | classified as a Class 2 or greater felony, or any
felony | 14 | | violation of Article 24 of the Criminal Code of 1961 or the | 15 | | Criminal Code of 2012 , unless the defendant requests to | 16 | | transfer his or her firearms under Section 9.5 of the | 17 | | Firearm Owners Identification Card Act first. A defendant | 18 | | whose Firearm Owner's Identification Card has been revoked | 19 | | or suspended may petition the court to transfer the | 20 | | defendant's firearm to a person who is lawfully able to | 21 | | possess the firearm if the person does not reside at the | 22 | | same address as the defendant. The transferee who receives | 23 | | the defendant's firearms must swear or affirm by affidavit | 24 | | that he or she shall not transfer the firearm to the | 25 | | defendant or to anyone residing in the same residence as | 26 | | the defendant, until the defendant's Firearm Owner's |
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| 1 | | Identification Card has been reinstated. The law | 2 | | enforcement agency, upon transfer of the firearms, shall | 3 | | require the defendant to complete a Firearm Disposition | 4 | | Record under Section 9.5 of the Firearm Owners | 5 | | Identification Card Act and provide a copy to the | 6 | | Department of State Police along with the defendant's | 7 | | Firearm Owner's Identification Card ; the court
may,
| 8 | | however, forgo the imposition of this condition when the | 9 | | defendant has provided proof to the court that he or she | 10 | | has legally disposed or transferred his or her firearms and | 11 | | returned his or her Firearm Owner's Identification Card to | 12 | | the Department of State Police. If the court finds the | 13 | | circumstances of the case clearly do not warrant it or when | 14 | | its imposition would be impractical, the court shall | 15 | | indicate on the record and in writing and the court's basis | 16 | | for making the determination when the
circumstances of the
| 17 | | case clearly do not warrant it or when its imposition would | 18 | | be
impractical ;
all legally possessed firearms shall be | 19 | | returned to the person upon proof being provided to the law | 20 | | enforcement agency of the reinstatement of the person's | 21 | | Firearm Owner's Identification Card; if the Firearm | 22 | | Owner's Identification Card is confiscated, the clerk of | 23 | | the circuit court shall mail the confiscated card to the | 24 | | Illinois State Police; all legally possessed firearms | 25 | | shall be returned to the person upon
the charges being | 26 | | dismissed, or if the person is found not guilty, unless the
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| 1 | | finding of not guilty is by reason of insanity; and
| 2 | | (6) At a time and place designated by the court, submit | 3 | | to a
psychological
evaluation when the person has been | 4 | | charged with a violation of item (4) of
subsection
(a) of | 5 | | Section 24-1 of the Criminal Code of 1961 or the Criminal | 6 | | Code of 2012 and that violation occurred in
a school
or in | 7 | | any conveyance owned, leased, or contracted by a school to | 8 | | transport
students to or
from school or a school-related | 9 | | activity, or on any public way within 1,000
feet of real
| 10 | | property comprising any school.
| 11 | | Psychological evaluations ordered pursuant to this Section | 12 | | shall be completed
promptly
and made available to the State, | 13 | | the defendant, and the court. As a further
condition of bail | 14 | | under
these circumstances, the court shall order the defendant | 15 | | to refrain from
entering upon the
property of the school, | 16 | | including any conveyance owned, leased, or contracted
by a | 17 | | school to
transport students to or from school or a | 18 | | school-related activity, or on any public way within
1,000 feet | 19 | | of real property comprising any school. Upon receipt of the | 20 | | psychological evaluation,
either the State or the defendant may | 21 | | request a change in the conditions of bail, pursuant to
Section | 22 | | 110-6 of this Code. The court may change the conditions of bail | 23 | | to include a
requirement that the defendant follow the | 24 | | recommendations of the psychological evaluation,
including | 25 | | undergoing psychiatric treatment. The conclusions of the
| 26 | | psychological evaluation and
any statements elicited from the |
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| 1 | | defendant during its administration are not
admissible as | 2 | | evidence
of guilt during the course of any trial on the charged | 3 | | offense, unless the
defendant places his or her
mental | 4 | | competency in issue.
| 5 | | (b) The court may impose other conditions, such as the | 6 | | following, if the
court finds that such conditions are | 7 | | reasonably necessary to assure the
defendant's appearance in | 8 | | court, protect the public from the defendant, or
prevent the | 9 | | defendant's unlawful interference with the orderly | 10 | | administration
of justice:
| 11 | | (1) Report to or appear in person before such person or | 12 | | agency as the
court may direct;
| 13 | | (2) Refrain from possessing a firearm or other | 14 | | dangerous weapon;
| 15 | | (3) Refrain from approaching or communicating with | 16 | | particular persons or
classes of persons;
| 17 | | (4) Refrain from going to certain described | 18 | | geographical areas or
premises;
| 19 | | (5) Refrain from engaging in certain activities or | 20 | | indulging in
intoxicating liquors or in certain drugs;
| 21 | | (6) Undergo treatment for drug addiction or | 22 | | alcoholism;
| 23 | | (7) Undergo medical or psychiatric treatment;
| 24 | | (8) Work or pursue a course of study or vocational | 25 | | training;
| 26 | | (9) Attend or reside in a facility designated by the |
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| 1 | | court;
| 2 | | (10) Support his or her dependents;
| 3 | | (11) If a minor resides with his or her parents or in a | 4 | | foster home,
attend school, attend a non-residential | 5 | | program for youths, and contribute
to his or her own | 6 | | support at home or in a foster home;
| 7 | | (12) Observe any curfew ordered by the court;
| 8 | | (13) Remain in the custody of such designated person or | 9 | | organization
agreeing to supervise his release. Such third | 10 | | party custodian shall be
responsible for notifying the | 11 | | court if the defendant fails to observe the
conditions of | 12 | | release which the custodian has agreed to monitor, and | 13 | | shall
be subject to contempt of court for failure so to | 14 | | notify the court;
| 15 | | (14) Be placed under direct supervision of the Pretrial | 16 | | Services
Agency, Probation Department or Court Services | 17 | | Department in a pretrial
bond home supervision capacity | 18 | | with or without the use of an approved
electronic | 19 | | monitoring device subject to Article 8A of Chapter V of the
| 20 | | Unified Code of Corrections;
| 21 | | (14.1) The court shall impose upon a defendant who is | 22 | | charged with any
alcohol, cannabis, methamphetamine, or | 23 | | controlled substance violation and is placed under
direct | 24 | | supervision of the Pretrial Services Agency, Probation | 25 | | Department or
Court Services Department in a pretrial bond | 26 | | home supervision capacity with
the use of an approved |
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| 1 | | monitoring device, as a condition of such bail bond,
a fee | 2 | | that represents costs incidental to the electronic | 3 | | monitoring for each
day of such bail supervision ordered by | 4 | | the
court, unless after determining the inability of the | 5 | | defendant to pay the
fee, the court assesses a lesser fee | 6 | | or no fee as the case may be. The fee
shall be collected by | 7 | | the clerk of the circuit court, except as provided in an | 8 | | administrative order of the Chief Judge of the circuit | 9 | | court. The clerk of the
circuit court shall pay all monies | 10 | | collected from this fee to the county
treasurer for deposit | 11 | | in the substance abuse services fund under Section
5-1086.1 | 12 | | of the Counties Code, except as provided in an | 13 | | administrative order of the Chief Judge of the circuit | 14 | | court. | 15 | | The Chief Judge of the circuit court of the county may | 16 | | by administrative order establish a program for electronic | 17 | | monitoring of offenders with regard to drug-related and | 18 | | alcohol-related offenses, in which a vendor supplies and | 19 | | monitors the operation of the electronic monitoring | 20 | | device, and collects the fees on behalf of the county. The | 21 | | program shall include provisions for indigent offenders | 22 | | and the collection of unpaid fees. The program shall not | 23 | | unduly burden the offender and shall be subject to review | 24 | | by the Chief Judge. | 25 | | The Chief Judge of the circuit court may suspend any | 26 | | additional charges or fees for late payment, interest, or |
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| 1 | | damage to any device;
| 2 | | (14.2) The court shall impose upon all defendants, | 3 | | including those
defendants subject to paragraph (14.1) | 4 | | above, placed under direct supervision
of the Pretrial | 5 | | Services Agency, Probation Department or Court Services
| 6 | | Department in a pretrial bond home supervision capacity | 7 | | with the use of an
approved monitoring device, as a | 8 | | condition of such bail bond, a fee
which shall represent | 9 | | costs incidental to such
electronic monitoring for each day | 10 | | of such bail supervision ordered by the
court, unless after | 11 | | determining the inability of the defendant to pay the fee,
| 12 | | the court assesses a lesser fee or no fee as the case may | 13 | | be. The fee shall be
collected by the clerk of the circuit | 14 | | court, except as provided in an administrative order of the | 15 | | Chief Judge of the circuit court. The clerk of the circuit | 16 | | court
shall pay all monies collected from this fee to the | 17 | | county treasurer who shall
use the monies collected to | 18 | | defray the costs of corrections. The county
treasurer shall | 19 | | deposit the fee collected in the county working cash fund | 20 | | under
Section 6-27001 or Section 6-29002 of the Counties | 21 | | Code, as the case may
be, except as provided in an | 22 | | administrative order of the Chief Judge of the circuit | 23 | | court. | 24 | | The Chief Judge of the circuit court of the county may | 25 | | by administrative order establish a program for electronic | 26 | | monitoring of offenders with regard to drug-related and |
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| 1 | | alcohol-related offenses, in which a vendor supplies and | 2 | | monitors the operation of the electronic monitoring | 3 | | device, and collects the fees on behalf of the county. The | 4 | | program shall include provisions for indigent offenders | 5 | | and the collection of unpaid fees. The program shall not | 6 | | unduly burden the offender and shall be subject to review | 7 | | by the Chief Judge. | 8 | | The Chief Judge of the circuit court may suspend any | 9 | | additional charges or fees for late payment, interest, or | 10 | | damage to any device;
| 11 | | (14.3) The Chief Judge of the Judicial Circuit may | 12 | | establish reasonable
fees to be paid by a person receiving | 13 | | pretrial services while under supervision
of a pretrial | 14 | | services agency, probation department, or court services
| 15 | | department. Reasonable fees may be charged for pretrial | 16 | | services
including, but not limited to, pretrial | 17 | | supervision, diversion programs,
electronic monitoring, | 18 | | victim impact services, drug and alcohol testing, DNA | 19 | | testing, GPS electronic monitoring, assessments and | 20 | | evaluations related to domestic violence and other | 21 | | victims, and
victim mediation services. The person | 22 | | receiving pretrial services may be
ordered to pay all costs | 23 | | incidental to pretrial services in accordance with his
or | 24 | | her ability to pay those costs;
| 25 | | (14.4) For persons charged with violating Section | 26 | | 11-501 of the Illinois
Vehicle Code, refrain from operating |
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| 1 | | a motor vehicle not equipped with an
ignition interlock | 2 | | device, as defined in Section 1-129.1 of the Illinois
| 3 | | Vehicle Code,
pursuant to the rules promulgated by the | 4 | | Secretary of State for the
installation of ignition
| 5 | | interlock devices. Under this condition the court may allow | 6 | | a defendant who is
not
self-employed to operate a vehicle | 7 | | owned by the defendant's employer that is
not equipped with | 8 | | an ignition interlock device in the course and scope of the
| 9 | | defendant's employment;
| 10 | | (15) Comply with the terms and conditions of an order | 11 | | of protection
issued by the court under the Illinois | 12 | | Domestic Violence Act of 1986 or an
order of protection | 13 | | issued by the court of another state, tribe, or United
| 14 | | States territory;
| 15 | | (16) Under Section 110-6.5 comply with the conditions | 16 | | of the drug testing
program; and
| 17 | | (17) Such other reasonable conditions as the court may | 18 | | impose.
| 19 | | (c) When a person is charged with an offense under Section | 20 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
| 21 | | 12-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the | 22 | | Criminal Code of 2012, involving a victim who is a
minor under | 23 | | 18 years of age living in the same household with the defendant
| 24 | | at the time of the offense, in granting bail or releasing the | 25 | | defendant on
his own recognizance, the judge shall impose | 26 | | conditions to restrict the
defendant's access to the victim |
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| 1 | | which may include, but are not limited to
conditions that he | 2 | | will:
| 3 | | 1. Vacate the household.
| 4 | | 2. Make payment of temporary support to his dependents.
| 5 | | 3. Refrain from contact or communication with the child | 6 | | victim, except
as ordered by the court.
| 7 | | (d) When a person is charged with a criminal offense and | 8 | | the victim is
a family or household member as defined in | 9 | | Article 112A, conditions shall
be imposed at the time of the | 10 | | defendant's release on bond that restrict the
defendant's | 11 | | access to the victim.
Unless provided otherwise by the court, | 12 | | the
restrictions shall include
requirements that the defendant | 13 | | do the following:
| 14 | | (1) refrain from contact or communication with the | 15 | | victim for a
minimum period of 72 hours following the | 16 | | defendant's release; and
| 17 | | (2) refrain from entering or remaining at the victim's | 18 | | residence for a
minimum period of 72 hours following the | 19 | | defendant's release.
| 20 | | (e) Local law enforcement agencies shall develop | 21 | | standardized bond forms
for use in cases involving family or | 22 | | household members as defined in
Article 112A, including | 23 | | specific conditions of bond as provided in
subsection (d). | 24 | | Failure of any law enforcement department to develop or use
| 25 | | those forms shall in no way limit the applicability and | 26 | | enforcement of
subsections (d) and (f).
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| 1 | | (f) If the defendant is admitted to bail after conviction | 2 | | the
conditions of the bail bond shall be that he will, in | 3 | | addition to the
conditions set forth in subsections (a) and (b) | 4 | | hereof:
| 5 | | (1) Duly prosecute his appeal;
| 6 | | (2) Appear at such time and place as the court may | 7 | | direct;
| 8 | | (3) Not depart this State without leave of the court;
| 9 | | (4) Comply with such other reasonable conditions as the | 10 | | court may
impose; and
| 11 | | (5) If the judgment is affirmed or the cause reversed | 12 | | and remanded
for a new trial, forthwith surrender to the | 13 | | officer from whose custody
he was bailed.
| 14 | | (g) Upon a finding of guilty for any felony offense, the | 15 | | defendant shall physically surrender, at a time and place | 16 | | designated by the court, all firearms in his or her possession | 17 | | to a law enforcement officer designated by the court to take | 18 | | custody of and impound the firearms and physically surrender | 19 | | his or her Firearm Owner's Identification Card to the law | 20 | | enforcement agency as a condition of remaining on bond pending | 21 | | sentencing, unless the defendant requests to transfer his or | 22 | | her firearms under Section 9.5 of the Firearm Owners | 23 | | Identification Card Act first. A defendant whose Firearm | 24 | | Owner's Identification Card has been revoked or suspended may | 25 | | petition the court to transfer the defendant's firearm to a | 26 | | person who is lawfully able to possess the firearm if the |
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| 1 | | person does not reside at the same address as the defendant. | 2 | | The transferee who receives the defendant's firearms must swear | 3 | | or affirm by affidavit that he or she shall not transfer the | 4 | | firearm to the defendant or to anyone residing in the same | 5 | | residence as the defendant, until the defendant's Firearm | 6 | | Owner's Identification Card has been reinstated. The law | 7 | | enforcement agency, upon transfer of the firearms, shall | 8 | | require the defendant to complete a Firearm Disposition Record | 9 | | under Section 9.5 of the Firearm Owners Identification Card Act | 10 | | and provide a copy to the Department of State Police along with | 11 | | the defendant's Firearm Owner's Identification Card the | 12 | | defendant shall
physically surrender, at a time and place | 13 | | designated by the court,
any and all firearms in his or her | 14 | | possession and his or her Firearm Owner's
Identification Card | 15 | | as a condition of remaining on bond pending sentencing.
| 16 | | (h) Upon indictment for any felony offense, the defendant | 17 | | shall physically surrender, at a time and place designated by | 18 | | the court, all firearms in his or her possession to a law | 19 | | enforcement officer designated by the court to take custody of | 20 | | and impound the firearms and physically surrender his or her | 21 | | Firearm Owner's Identification Card to the law enforcement | 22 | | agency as a condition of remaining on bond pending sentencing, | 23 | | unless the defendant requests to transfer his or her firearms | 24 | | under Section 9.5 of the Firearm Owners Identification Card Act | 25 | | first. A defendant whose Firearm Owner's Identification Card | 26 | | has been revoked or suspended may petition the court to |
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| 1 | | transfer the defendant's firearm to a person who is lawfully | 2 | | able to possess the firearm if the person does not reside at | 3 | | the same address as the defendant. The transferee who receives | 4 | | the defendant's firearms must swear or affirm by affidavit that | 5 | | he or she shall not transfer the firearm to the defendant or to | 6 | | anyone residing in the same residence as the defendant, until | 7 | | the defendant's Firearm Owner's Identification Card has been | 8 | | reinstated. The law enforcement agency upon transfer of the | 9 | | firearms shall require the defendant to complete a Firearm | 10 | | Disposition Record under Section 9.5 of the Firearm Owners | 11 | | Identification Card Act and provide a copy to the Department of | 12 | | State Police along with the defendants Firearm Owner's | 13 | | Identification Card. All legally possessed firearms shall be | 14 | | returned to the person upon proof being provided to the law | 15 | | enforcement agency of the reinstatement of the person's Firearm | 16 | | Owner's Identification Card. | 17 | | (Source: P.A. 99-797, eff. 8-12-16.)
| 18 | | Section 30. The Unified Code of Corrections is amended by | 19 | | changing Section 5-6-3 as follows: | 20 | | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) | 21 | | (Text of Section before amendment by P.A. 100-987 ) | 22 | | Sec. 5-6-3. Conditions of probation and of conditional | 23 | | discharge.
| 24 | | (a) The conditions of probation and of conditional |
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| 1 | | discharge shall be
that the person:
| 2 | | (1) not violate any criminal statute of any | 3 | | jurisdiction;
| 4 | | (2) report to or appear in person before such person or | 5 | | agency as
directed by the court;
| 6 | | (3) refrain from possessing a firearm or other | 7 | | dangerous weapon where the offense is a felony or, if a | 8 | | misdemeanor, the offense involved the intentional or | 9 | | knowing infliction of bodily harm or threat of bodily harm;
| 10 | | (4) not leave the State without the consent of the | 11 | | court or, in
circumstances in which the reason for the | 12 | | absence is of such an emergency
nature that prior consent | 13 | | by the court is not possible, without the prior
| 14 | | notification and approval of the person's probation
| 15 | | officer. Transfer of a person's probation or conditional | 16 | | discharge
supervision to another state is subject to | 17 | | acceptance by the other state
pursuant to the Interstate | 18 | | Compact for Adult Offender Supervision;
| 19 | | (5) permit the probation officer to visit
him at his | 20 | | home or elsewhere
to the extent necessary to discharge his | 21 | | duties;
| 22 | | (6) perform no less than 30 hours of community service | 23 | | and not more than
120 hours of community service, if | 24 | | community service is available in the
jurisdiction and is | 25 | | funded and approved by the county board where the offense
| 26 | | was committed, where the offense was related to or in |
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| 1 | | furtherance of the
criminal activities of an organized gang | 2 | | and was motivated by the offender's
membership in or | 3 | | allegiance to an organized gang. The community service | 4 | | shall
include, but not be limited to, the cleanup and | 5 | | repair of any damage caused by
a violation of Section | 6 | | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of | 7 | | 2012 and similar damage
to property located within the | 8 | | municipality or county in which the violation
occurred. | 9 | | When possible and reasonable, the community service should | 10 | | be
performed in the offender's neighborhood. For purposes | 11 | | of this Section,
"organized gang" has the meaning ascribed | 12 | | to it in Section 10 of the Illinois
Streetgang Terrorism | 13 | | Omnibus Prevention Act. The court may give credit toward | 14 | | the fulfillment of community service hours for | 15 | | participation in activities and treatment as determined by | 16 | | court services;
| 17 | | (7) if he or she is at least 17 years of age and has | 18 | | been sentenced to
probation or conditional discharge for a | 19 | | misdemeanor or felony in a county of
3,000,000 or more | 20 | | inhabitants and has not been previously convicted of a
| 21 | | misdemeanor or felony, may be required by the sentencing | 22 | | court to attend
educational courses designed to prepare the | 23 | | defendant for a high school diploma
and to work toward a | 24 | | high school diploma or to work toward passing high school | 25 | | equivalency testing or to work toward
completing a | 26 | | vocational training program approved by the court. The |
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| 1 | | person on
probation or conditional discharge must attend a | 2 | | public institution of
education to obtain the educational | 3 | | or vocational training required by this paragraph
(7). The | 4 | | court shall revoke the probation or conditional discharge | 5 | | of a
person who wilfully fails to comply with this | 6 | | paragraph (7). The person on
probation or conditional | 7 | | discharge shall be required to pay for the cost of the
| 8 | | educational courses or high school equivalency testing if a | 9 | | fee is charged for those courses or testing. The court | 10 | | shall resentence the offender whose probation or | 11 | | conditional
discharge has been revoked as provided in | 12 | | Section 5-6-4. This paragraph (7) does
not apply to a | 13 | | person who has a high school diploma or has successfully | 14 | | passed high school equivalency testing. This paragraph (7) | 15 | | does not apply to a person who is determined by
the court | 16 | | to be a person with a developmental disability or otherwise | 17 | | mentally incapable of
completing the educational or | 18 | | vocational program;
| 19 | | (8) if convicted of possession of a substance | 20 | | prohibited
by the Cannabis Control Act, the Illinois | 21 | | Controlled Substances Act, or the Methamphetamine Control | 22 | | and Community Protection Act
after a previous conviction or | 23 | | disposition of supervision for possession of a
substance | 24 | | prohibited by the Cannabis Control Act or Illinois | 25 | | Controlled
Substances Act or after a sentence of probation | 26 | | under Section 10 of the
Cannabis
Control Act, Section 410 |
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| 1 | | of the Illinois Controlled Substances Act, or Section 70 of | 2 | | the Methamphetamine Control and Community Protection Act | 3 | | and upon a
finding by the court that the person is | 4 | | addicted, undergo treatment at a
substance abuse program | 5 | | approved by the court;
| 6 | | (8.5) if convicted of a felony sex offense as defined | 7 | | in the Sex
Offender
Management Board Act, the person shall | 8 | | undergo and successfully complete sex
offender treatment | 9 | | by a treatment provider approved by the Board and conducted
| 10 | | in conformance with the standards developed under the Sex
| 11 | | Offender Management Board Act;
| 12 | | (8.6) if convicted of a sex offense as defined in the | 13 | | Sex Offender Management Board Act, refrain from residing at | 14 | | the same address or in the same condominium unit or | 15 | | apartment unit or in the same condominium complex or | 16 | | apartment complex with another person he or she knows or | 17 | | reasonably should know is a convicted sex offender or has | 18 | | been placed on supervision for a sex offense; the | 19 | | provisions of this paragraph do not apply to a person | 20 | | convicted of a sex offense who is placed in a Department of | 21 | | Corrections licensed transitional housing facility for sex | 22 | | offenders; | 23 | | (8.7) if convicted for an offense committed on or after | 24 | | June 1, 2008 (the effective date of Public Act 95-464) that | 25 | | would qualify the accused as a child sex offender as | 26 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of |
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| 1 | | 1961 or the Criminal Code of 2012, refrain from | 2 | | communicating with or contacting, by means of the Internet, | 3 | | a person who is not related to the accused and whom the | 4 | | accused reasonably believes to be under 18 years of age; | 5 | | for purposes of this paragraph (8.7), "Internet" has the | 6 | | meaning ascribed to it in Section 16-0.1 of the Criminal | 7 | | Code of 2012; and a person is not related to the accused if | 8 | | the person is not: (i) the spouse, brother, or sister of | 9 | | the accused; (ii) a descendant of the accused; (iii) a | 10 | | first or second cousin of the accused; or (iv) a step-child | 11 | | or adopted child of the accused; | 12 | | (8.8) if convicted for an offense under Section 11-6, | 13 | | 11-9.1, 11-14.4 that involves soliciting for a juvenile | 14 | | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | 15 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 16 | | or any attempt to commit any of these offenses, committed | 17 | | on or after June 1, 2009 (the effective date of Public Act | 18 | | 95-983): | 19 | | (i) not access or use a computer or any other | 20 | | device with Internet capability without the prior | 21 | | written approval of the offender's probation officer, | 22 | | except in connection with the offender's employment or | 23 | | search for employment with the prior approval of the | 24 | | offender's probation officer; | 25 | | (ii) submit to periodic unannounced examinations | 26 | | of the offender's computer or any other device with |
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| 1 | | Internet capability by the offender's probation | 2 | | officer, a law enforcement officer, or assigned | 3 | | computer or information technology specialist, | 4 | | including the retrieval and copying of all data from | 5 | | the computer or device and any internal or external | 6 | | peripherals and removal of such information, | 7 | | equipment, or device to conduct a more thorough | 8 | | 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 offender's probation officer; | 17 | | (8.9) if convicted of a sex offense as defined in the | 18 | | Sex Offender
Registration Act committed on or after January | 19 | | 1, 2010 (the effective date of Public Act 96-262), refrain | 20 | | from accessing or using a social networking website as | 21 | | defined in Section 17-0.5 of the Criminal Code of 2012;
| 22 | | (9) if convicted of a felony or of any misdemeanor | 23 | | violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or | 24 | | 12-3.5 of the Criminal Code of 1961 or the Criminal Code of | 25 | | 2012 that was determined, pursuant to Section 112A-11.1 of | 26 | | the Code of Criminal Procedure of 1963, to trigger the |
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| 1 | | prohibitions of 18 U.S.C. 922(g)(9), the defendant shall | 2 | | physically surrender, at a time and place designated by the | 3 | | court, all firearms in his or her possession to a law | 4 | | enforcement officer designated by the court to take custody | 5 | | of and impound the firearms and physically surrender his or | 6 | | her Firearm Owner's Identification Card to the law | 7 | | enforcement agency as a condition of remaining on bond | 8 | | pending sentencing, unless the defendant requests to | 9 | | transfer his or her firearms under Section 9.5 of the | 10 | | Firearm Owners Identification Card Act first. A defendant | 11 | | whose Firearm Owner's Identification Card has been revoked | 12 | | or suspended may petition the court to transfer the | 13 | | defendant's firearm to a person who is lawfully able to | 14 | | possess the firearm if the person does not reside at the | 15 | | same address as the defendant. The transferee who receives | 16 | | the defendant's firearms must swear or affirm by affidavit | 17 | | that he or she shall not transfer the firearm to the | 18 | | defendant or to anyone residing in the same residence as | 19 | | the defendant, until the defendant's Firearm Owner's | 20 | | Identification Card has been reinstated. The law | 21 | | enforcement agency, upon transfer of the firearms, shall | 22 | | require the defendant to complete a Firearm Disposition | 23 | | Record under Section 9.5 of the Firearm Owner's | 24 | | Identification Card Act and provide a copy to the | 25 | | Department of State Police along with the defendants | 26 | | Firearm Owner's Identification Card physically surrender |
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| 1 | | at a time and place
designated by the court, his or her | 2 | | Firearm
Owner's Identification Card and
any and all | 3 | | firearms in
his or her possession. The Court shall return | 4 | | to the Department of State Police Firearm Owner's | 5 | | Identification Card Office the person's Firearm Owner's | 6 | | Identification Card ;
| 7 | | (10) if convicted of a sex offense as defined in | 8 | | subsection (a-5) of Section 3-1-2 of this Code, unless the | 9 | | offender is a parent or guardian of the person under 18 | 10 | | years of age present in the home and no non-familial minors | 11 | | are present, not participate in a holiday event involving | 12 | | children under 18 years of age, such as distributing candy | 13 | | or other items to children on Halloween, wearing a Santa | 14 | | Claus costume on or preceding Christmas, being employed as | 15 | | a department store Santa Claus, or wearing an Easter Bunny | 16 | | costume on or preceding Easter; | 17 | | (11) if convicted of a sex offense as defined in | 18 | | Section 2 of the Sex Offender Registration Act committed on | 19 | | or after January 1, 2010 (the effective date of Public Act | 20 | | 96-362) that requires the person to register as a sex | 21 | | offender under that Act, may not knowingly use any computer | 22 | | scrub software on any computer that the sex offender uses; | 23 | | (12) if convicted of a violation of the Methamphetamine | 24 | | Control and Community Protection Act, the Methamphetamine
| 25 | | Precursor Control Act, or a methamphetamine related | 26 | | offense: |
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| 1 | | (A) prohibited from purchasing, possessing, or | 2 | | having under his or her control any product containing | 3 | | pseudoephedrine unless prescribed by a physician; and | 4 | | (B) prohibited from purchasing, possessing, or | 5 | | having under his or her control any product containing | 6 | | ammonium nitrate; and | 7 | | (13) if convicted of a hate crime involving the | 8 | | protected class identified in subsection (a) of Section | 9 | | 12-7.1 of the Criminal Code of 2012 that gave rise to the | 10 | | offense the offender committed, perform public or | 11 | | community service of no less than 200 hours and enroll in | 12 | | an educational program discouraging hate crimes that | 13 | | includes racial, ethnic, and cultural sensitivity training | 14 | | ordered by the court ; . | 15 | | (14) if convicted of a felony, the defendant shall | 16 | | physically surrender, at a time and place designated by the | 17 | | court, all firearms in his or her possession to a law | 18 | | enforcement officer designated by the court to take custody | 19 | | of and impound the firearms and physically surrender his or | 20 | | her Firearm Owner's Identification Card to the law | 21 | | enforcement agency as a condition of remaining on bond | 22 | | pending sentencing, unless the defendant requests to | 23 | | transfer his or her firearms under Section 9.5 of the | 24 | | Firearm Owners Identification Card Act first. A defendant | 25 | | whose Firearm Owner's Identification Card has been revoked | 26 | | or suspended may petition the court to transfer the |
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| 1 | | defendant's firearm to a person who is lawfully able to | 2 | | possess the firearm if the person does not reside at the | 3 | | same address as the defendant. The transferee who receives | 4 | | the defendant's firearms must swear or affirm by affidavit | 5 | | that he or she shall not transfer the firearm to the | 6 | | defendant or to anyone residing in the same residence as | 7 | | the defendant, until the defendant's Firearm Owner's | 8 | | Identification Card has been reinstated. The law | 9 | | enforcement agency, upon transfer of the firearms, shall | 10 | | require the defendant to complete a Firearm Disposition | 11 | | Record under Section 9.5 of the Firearm Owners | 12 | | Identification Card Act and provide a copy to the | 13 | | Department of State Police along with the defendants | 14 | | Firearm Owner's Identification Card; and | 15 | | (15) if the person is under 21 years of age who has | 16 | | been convicted of a misdemeanor offense other than a | 17 | | traffic offense, the defendant shall physically surrender, | 18 | | at a time and place designated by the court, all firearms | 19 | | in his or her possession to a law enforcement officer | 20 | | designated by the court to take custody of and impound the | 21 | | firearms and physically surrender his or her Firearm | 22 | | Owner's Identification Card to the law enforcement agency | 23 | | as a condition of remaining on bond pending sentencing, | 24 | | unless the defendant requests to transfer his or her | 25 | | firearms under Section 9.5 of the Firearm Owners | 26 | | Identification Card Act first. A defendant whose Firearm |
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| 1 | | Owner's Identification Card has been revoked or suspended | 2 | | may petition the court to transfer the defendant's firearm | 3 | | to a person who is lawfully able to possess the firearm if | 4 | | the person does not reside at the same address as the | 5 | | defendant. The transferee who receives the defendant's | 6 | | firearms must swear or affirm by affidavit that he or she | 7 | | shall not transfer the firearm to the defendant or to | 8 | | anyone residing in the same residence as the defendant, | 9 | | until the defendant's Firearm Owner's Identification Card | 10 | | has been reinstated. The law enforcement agency, upon | 11 | | transfer of the firearms, shall require the defendant to | 12 | | complete a Firearm Disposition Record under Section 9.5 of | 13 | | the Firearm Owners Identification Card Act and provide a | 14 | | copy to the Department of State Police along with the | 15 | | defendants Firearm Owner's Identification Card. | 16 | | (b) The Court may in addition to other reasonable | 17 | | conditions relating to the
nature of the offense or the | 18 | | rehabilitation of the defendant as determined for
each | 19 | | defendant in the proper discretion of the Court require that | 20 | | the person:
| 21 | | (1) serve a term of periodic imprisonment under Article | 22 | | 7 for a
period not to exceed that specified in paragraph | 23 | | (d) of Section 5-7-1;
| 24 | | (2) pay a fine and costs;
| 25 | | (3) work or pursue a course of study or vocational | 26 | | training;
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| 1 | | (4) undergo medical, psychological or psychiatric | 2 | | treatment; or treatment
for drug addiction or alcoholism;
| 3 | | (5) attend or reside in a facility established for the | 4 | | instruction
or residence of defendants on probation;
| 5 | | (6) support his dependents;
| 6 | | (7) and in addition, if a minor:
| 7 | | (i) reside with his parents or in a foster home;
| 8 | | (ii) attend school;
| 9 | | (iii) attend a non-residential program for youth;
| 10 | | (iv) contribute to his own support at home or in a | 11 | | foster home;
| 12 | | (v) with the consent of the superintendent of the
| 13 | | facility, attend an educational program at a facility | 14 | | other than the school
in which the
offense was | 15 | | committed if he
or she is convicted of a crime of | 16 | | violence as
defined in
Section 2 of the Crime Victims | 17 | | Compensation Act committed in a school, on the
real
| 18 | | property
comprising a school, or within 1,000 feet of | 19 | | the real property comprising a
school;
| 20 | | (8) make restitution as provided in Section 5-5-6 of | 21 | | this Code;
| 22 | | (9) perform some reasonable public or community | 23 | | service;
| 24 | | (10) serve a term of home confinement. In addition to | 25 | | any other
applicable condition of probation or conditional | 26 | | discharge, the
conditions of home confinement shall be that |
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| 1 | | the offender:
| 2 | | (i) remain within the interior premises of the | 3 | | place designated for
his confinement during the hours | 4 | | designated by the court;
| 5 | | (ii) admit any person or agent designated by the | 6 | | court into the
offender's place of confinement at any | 7 | | time for purposes of verifying
the offender's | 8 | | compliance with the conditions of his confinement; and
| 9 | | (iii) if further deemed necessary by the court or | 10 | | the
Probation or
Court Services Department, be placed | 11 | | on an approved
electronic monitoring device, subject | 12 | | to Article 8A of Chapter V;
| 13 | | (iv) for persons convicted of any alcohol, | 14 | | cannabis or controlled
substance violation who are | 15 | | placed on an approved monitoring device as a
condition | 16 | | of probation or conditional discharge, the court shall | 17 | | impose a
reasonable fee for each day of the use of the | 18 | | device, as established by the
county board in | 19 | | subsection (g) of this Section, unless after | 20 | | determining the
inability of the offender to pay the | 21 | | fee, the court assesses a lesser fee or no
fee as the | 22 | | case may be. This fee shall be imposed in addition to | 23 | | the fees
imposed under subsections (g) and (i) of this | 24 | | Section. The fee shall be
collected by the clerk of the | 25 | | circuit court, except as provided in an administrative | 26 | | order of the Chief Judge of the circuit court. The |
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| 1 | | clerk of the circuit
court shall pay all monies | 2 | | collected from this fee to the county treasurer
for | 3 | | deposit in the substance abuse services fund under | 4 | | Section 5-1086.1 of
the Counties Code, except as | 5 | | provided in an administrative order of the Chief Judge | 6 | | of the circuit court. | 7 | | The Chief Judge of the circuit court of the county | 8 | | may by administrative order establish a program for | 9 | | electronic monitoring of offenders, in which a vendor | 10 | | supplies and monitors the operation of the electronic | 11 | | monitoring device, and collects the fees on behalf of | 12 | | the county. The program shall include provisions for | 13 | | indigent offenders and the collection of unpaid fees. | 14 | | The program shall not unduly burden the offender and | 15 | | shall be subject to review by the Chief Judge. | 16 | | The Chief Judge of the circuit court may suspend | 17 | | any additional charges or fees for late payment, | 18 | | interest, or damage to any device; and
| 19 | | (v) for persons convicted of offenses other than | 20 | | those referenced in
clause (iv) above and who are | 21 | | placed on an approved monitoring device as a
condition | 22 | | of probation or conditional discharge, the court shall | 23 | | impose
a reasonable fee for each day of the use of the | 24 | | device, as established by the
county board in | 25 | | subsection (g) of this Section, unless after | 26 | | determining the
inability of the defendant to pay the |
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| 1 | | fee, the court assesses a lesser fee or
no fee as the | 2 | | case may be. This fee shall be imposed in addition to | 3 | | the fees
imposed under subsections (g) and (i) of this | 4 | | Section. The fee
shall be collected by the clerk of the | 5 | | circuit court, except as provided in an administrative | 6 | | order of the Chief Judge of the circuit court. The | 7 | | clerk of the circuit
court shall pay all monies | 8 | | collected from this fee
to the county treasurer who | 9 | | shall use the monies collected to defray the
costs of | 10 | | corrections. The county treasurer shall deposit the | 11 | | fee
collected in the probation and court services fund.
| 12 | | The Chief Judge of the circuit court of the county may | 13 | | by administrative order establish a program for | 14 | | electronic monitoring of offenders, in which a vendor | 15 | | supplies and monitors the operation of the electronic | 16 | | monitoring device, and collects the fees on behalf of | 17 | | the county. The program shall include provisions for | 18 | | indigent offenders and the collection of unpaid fees. | 19 | | The program shall not unduly burden the offender and | 20 | | shall be subject to review by the Chief Judge.
| 21 | | The Chief Judge of the circuit court may suspend | 22 | | any additional charges or fees for late payment, | 23 | | interest, or damage to any device. | 24 | | (11) comply with the terms and conditions of an order | 25 | | of protection issued
by the court pursuant to the Illinois | 26 | | Domestic Violence Act of 1986,
as now or hereafter amended, |
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| 1 | | or an order of protection issued by the court of
another | 2 | | state, tribe, or United States territory. A copy of the | 3 | | order of
protection shall be
transmitted to the probation | 4 | | officer or agency
having responsibility for the case;
| 5 | | (12) reimburse any "local anti-crime program" as | 6 | | defined in Section 7
of the Anti-Crime Advisory Council Act | 7 | | for any reasonable expenses incurred
by the program on the | 8 | | offender's case, not to exceed the maximum amount of
the | 9 | | fine authorized for the offense for which the defendant was | 10 | | sentenced;
| 11 | | (13) contribute a reasonable sum of money, not to | 12 | | exceed the maximum
amount of the fine authorized for the
| 13 | | offense for which the defendant was sentenced, (i) to a | 14 | | "local anti-crime
program", as defined in Section 7 of the | 15 | | Anti-Crime Advisory Council Act, or (ii) for offenses under | 16 | | the jurisdiction of the Department of Natural Resources, to | 17 | | the fund established by the Department of Natural Resources | 18 | | for the purchase of evidence for investigation purposes and | 19 | | to conduct investigations as outlined in Section 805-105 of | 20 | | the Department of Natural Resources (Conservation) Law;
| 21 | | (14) refrain from entering into a designated | 22 | | geographic area except upon
such terms as the court finds | 23 | | appropriate. Such terms may include
consideration of the | 24 | | purpose of the entry, the time of day, other persons
| 25 | | accompanying the defendant, and advance approval by a
| 26 | | probation officer, if
the defendant has been placed on |
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| 1 | | probation or advance approval by the
court, if the | 2 | | defendant was placed on conditional discharge;
| 3 | | (15) refrain from having any contact, directly or | 4 | | indirectly, with
certain specified persons or particular | 5 | | types of persons, including but not
limited to members of | 6 | | street gangs and drug users or dealers;
| 7 | | (16) refrain from having in his or her body the | 8 | | presence of any illicit
drug prohibited by the Cannabis | 9 | | Control Act, the Illinois Controlled
Substances Act, or the | 10 | | Methamphetamine Control and Community Protection Act, | 11 | | unless prescribed by a physician, and submit samples of
his | 12 | | or her blood or urine or both for tests to determine the | 13 | | presence of any
illicit drug;
| 14 | | (17) if convicted for an offense committed on or after | 15 | | June 1, 2008 (the effective date of Public Act 95-464) that | 16 | | would qualify the accused as a child sex offender as | 17 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | 18 | | 1961 or the Criminal Code of 2012, refrain from | 19 | | communicating with or contacting, by means of the Internet, | 20 | | a person who is related to the accused and whom the accused | 21 | | reasonably believes to be under 18 years of age; for | 22 | | purposes of this paragraph (17), "Internet" has the meaning | 23 | | ascribed to it in Section 16-0.1 of the Criminal Code of | 24 | | 2012; and a person is related to the accused if the person | 25 | | is: (i) the spouse, brother, or sister of the accused; (ii) | 26 | | a descendant of the accused; (iii) a first or second cousin |
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| 1 | | of the accused; or (iv) a step-child or adopted child of | 2 | | the accused; | 3 | | (18) if convicted for an offense committed on or after | 4 | | June 1, 2009 (the effective date of Public Act 95-983) that | 5 | | would qualify as a sex offense as defined in the Sex | 6 | | Offender Registration Act: | 7 | | (i) not access or use a computer or any other | 8 | | device with Internet capability without the prior | 9 | | written approval of the offender's probation officer, | 10 | | except in connection with the offender's employment or | 11 | | search for employment with the prior approval of the | 12 | | offender's probation officer; | 13 | | (ii) submit to periodic unannounced examinations | 14 | | of the offender's computer or any other device with | 15 | | Internet capability by the offender's probation | 16 | | officer, a law enforcement officer, or assigned | 17 | | computer or information technology specialist, | 18 | | including the retrieval and copying of all data from | 19 | | the computer or device and any internal or external | 20 | | peripherals and removal of such information, | 21 | | equipment, or device to conduct a more thorough | 22 | | inspection; | 23 | | (iii) submit to the installation on the offender's | 24 | | computer or device with Internet capability, at the | 25 | | subject's expense, of one or more hardware or software | 26 | | systems to monitor the Internet use; and |
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| 1 | | (iv) submit to any other appropriate restrictions | 2 | | concerning the offender's use of or access to a | 3 | | computer or any other device with Internet capability | 4 | | imposed by the offender's probation officer; and | 5 | | (19) refrain from possessing a firearm or other | 6 | | dangerous weapon where the offense is a misdemeanor that | 7 | | did not involve the intentional or knowing infliction of | 8 | | bodily harm or threat of bodily harm. | 9 | | (c) The court may as a condition of probation or of | 10 | | conditional
discharge require that a person under 18 years of | 11 | | age found guilty of any
alcohol, cannabis or controlled | 12 | | substance violation, refrain from acquiring
a driver's license | 13 | | during
the period of probation or conditional discharge. If | 14 | | such person
is in possession of a permit or license, the court | 15 | | may require that
the minor refrain from driving or operating | 16 | | any motor vehicle during the
period of probation or conditional | 17 | | discharge, except as may be necessary in
the course of the | 18 | | minor's lawful employment.
| 19 | | (d) An offender sentenced to probation or to conditional | 20 | | discharge
shall be given a certificate setting forth the | 21 | | conditions thereof.
| 22 | | (e) Except where the offender has committed a fourth or | 23 | | subsequent
violation of subsection (c) of Section 6-303 of the | 24 | | Illinois Vehicle Code,
the court shall not require as a | 25 | | condition of the sentence of
probation or conditional discharge | 26 | | that the offender be committed to a
period of imprisonment in |
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| 1 | | excess of 6 months.
This 6-month limit shall not include | 2 | | periods of confinement given pursuant to
a sentence of county | 3 | | impact incarceration under Section 5-8-1.2.
| 4 | | Persons committed to imprisonment as a condition of | 5 | | probation or
conditional discharge shall not be committed to | 6 | | the Department of
Corrections.
| 7 | | (f) The court may combine a sentence of periodic | 8 | | imprisonment under
Article 7 or a sentence to a county impact | 9 | | incarceration program under
Article 8 with a sentence of | 10 | | probation or conditional discharge.
| 11 | | (g) An offender sentenced to probation or to conditional | 12 | | discharge and
who during the term of either undergoes mandatory | 13 | | drug or alcohol testing,
or both, or is assigned to be placed | 14 | | on an approved electronic monitoring
device, shall be ordered | 15 | | to pay all costs incidental to such mandatory drug
or alcohol | 16 | | testing, or both, and all costs
incidental to such approved | 17 | | electronic monitoring in accordance with the
defendant's | 18 | | ability to pay those costs. The county board with
the | 19 | | concurrence of the Chief Judge of the judicial
circuit in which | 20 | | the county is located shall establish reasonable fees for
the | 21 | | cost of maintenance, testing, and incidental expenses related | 22 | | to the
mandatory drug or alcohol testing, or both, and all | 23 | | costs incidental to
approved electronic monitoring, involved | 24 | | in a successful probation program
for the county. The | 25 | | concurrence of the Chief Judge shall be in the form of
an | 26 | | administrative order.
The fees shall be collected by the clerk |
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| 1 | | of the circuit court, except as provided in an administrative | 2 | | order of the Chief Judge of the circuit court. The clerk of
the | 3 | | circuit court shall pay all moneys collected from these fees to | 4 | | the county
treasurer who shall use the moneys collected to | 5 | | defray the costs of
drug testing, alcohol testing, and | 6 | | electronic monitoring.
The county treasurer shall deposit the | 7 | | fees collected in the
county working cash fund under Section | 8 | | 6-27001 or Section 6-29002 of the
Counties Code, as the case | 9 | | may be.
The Chief Judge of the circuit court of the county may | 10 | | by administrative order establish a program for electronic | 11 | | monitoring of offenders, in which a vendor supplies and | 12 | | monitors the operation of the electronic monitoring device, and | 13 | | collects the fees on behalf of the county. The program shall | 14 | | include provisions for indigent offenders and the collection of | 15 | | unpaid fees. The program shall not unduly burden the offender | 16 | | and shall be subject to review by the Chief Judge.
| 17 | | The Chief Judge of the circuit court may suspend any | 18 | | additional charges or fees for late payment, interest, or | 19 | | damage to any device. | 20 | | (h) Jurisdiction over an offender may be transferred from | 21 | | the
sentencing court to the court of another circuit with the | 22 | | concurrence of
both courts. Further transfers or retransfers of
| 23 | | jurisdiction are also
authorized in the same manner. The court | 24 | | to which jurisdiction has been
transferred shall have the same | 25 | | powers as the sentencing court.
The probation department within | 26 | | the circuit to which jurisdiction has been transferred, or |
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| 1 | | which has agreed to provide supervision, may impose probation | 2 | | fees upon receiving the transferred offender, as provided in | 3 | | subsection (i). For all transfer cases, as defined in Section | 4 | | 9b of the Probation and Probation Officers Act, the probation | 5 | | department from the original sentencing court shall retain all | 6 | | probation fees collected prior to the transfer. After the | 7 | | transfer,
all probation fees shall be paid to the probation | 8 | | department within the
circuit to which jurisdiction has been | 9 | | transferred.
| 10 | | (i) The court shall impose upon an offender
sentenced to | 11 | | probation after January 1, 1989 or to conditional discharge
| 12 | | after January 1, 1992 or to community service under the | 13 | | supervision of a
probation or court services department after | 14 | | January 1, 2004, as a condition of such probation or | 15 | | conditional
discharge or supervised community service, a fee of | 16 | | $50
for each month of probation or
conditional
discharge | 17 | | supervision or supervised community service ordered by the | 18 | | court, unless after
determining the inability of the person | 19 | | sentenced to probation or conditional
discharge or supervised | 20 | | community service to pay the
fee, the court assesses a lesser | 21 | | fee. The court may not impose the fee on a
minor who is placed | 22 | | in the guardianship or custody of the Department of Children | 23 | | and Family Services under the Juvenile Court Act of 1987
while | 24 | | the minor is in placement.
The fee shall be imposed only upon
| 25 | | an offender who is actively supervised by the
probation and | 26 | | court services
department. The fee shall be collected by the |
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| 1 | | clerk
of the circuit court. The clerk of the circuit court | 2 | | shall pay all monies
collected from this fee to the county | 3 | | treasurer for deposit in the
probation and court services fund | 4 | | under Section 15.1 of the
Probation and Probation Officers Act.
| 5 | | A circuit court may not impose a probation fee under this | 6 | | subsection (i) in excess of $25
per month unless the circuit | 7 | | court has adopted, by administrative
order issued by the chief | 8 | | judge, a standard probation fee guide
determining an offender's | 9 | | ability to pay Of the
amount collected as a probation fee, up | 10 | | to $5 of that fee
collected per month may be used to provide | 11 | | services to crime victims
and their families. | 12 | | The Court may only waive probation fees based on an | 13 | | offender's ability to pay. The probation department may | 14 | | re-evaluate an offender's ability to pay every 6 months, and, | 15 | | with the approval of the Director of Court Services or the | 16 | | Chief Probation Officer, adjust the monthly fee amount. An | 17 | | offender may elect to pay probation fees due in a lump sum.
Any | 18 | | offender that has been assigned to the supervision of a | 19 | | probation department, or has been transferred either under | 20 | | subsection (h) of this Section or under any interstate compact, | 21 | | shall be required to pay probation fees to the department | 22 | | supervising the offender, based on the offender's ability to | 23 | | pay.
| 24 | | Public Act 93-970 deletes the $10 increase in the fee under | 25 | | this subsection that was imposed by Public Act 93-616. This | 26 | | deletion is intended to control over any other Act of the 93rd |
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| 1 | | General Assembly that retains or incorporates that fee | 2 | | increase. | 3 | | (i-5) In addition to the fees imposed under subsection (i) | 4 | | of this Section, in the case of an offender convicted of a | 5 | | felony sex offense (as defined in the Sex Offender Management | 6 | | Board Act) or an offense that the court or probation department | 7 | | has determined to be sexually motivated (as defined in the Sex | 8 | | Offender Management Board Act), the court or the probation | 9 | | department shall assess additional fees to pay for all costs of | 10 | | treatment, assessment, evaluation for risk and treatment, and | 11 | | monitoring the offender, based on that offender's ability to | 12 | | pay those costs either as they occur or under a payment plan. | 13 | | (j) All fines and costs imposed under this Section for any | 14 | | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | 15 | | Code, or a similar
provision of a local ordinance, and any | 16 | | violation of the Child Passenger
Protection Act, or a similar | 17 | | provision of a local ordinance, shall be
collected and | 18 | | disbursed by the circuit clerk as provided under Section 27.5
| 19 | | of the Clerks of Courts Act.
| 20 | | (k) Any offender who is sentenced to probation or | 21 | | conditional discharge for a felony sex offense as defined in | 22 | | the Sex Offender Management Board Act or any offense that the | 23 | | court or probation department has determined to be sexually | 24 | | motivated as defined in the Sex Offender Management Board Act | 25 | | shall be required to refrain from any contact, directly or | 26 | | indirectly, with any persons specified by the court and shall |
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| 1 | | be available for all evaluations and treatment programs | 2 | | required by the court or the probation department.
| 3 | | (l) The court may order an offender who is sentenced to | 4 | | probation or conditional
discharge for a violation of an order | 5 | | of protection be placed under electronic surveillance as | 6 | | provided in Section 5-8A-7 of this Code. | 7 | | (Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16; | 8 | | 100-159, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff. | 9 | | 1-8-18.) | 10 | | (Text of Section after amendment by P.A. 100-987 ) | 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. The court may give credit toward | 2 | | the fulfillment of community service hours for | 3 | | participation in activities and treatment as determined by | 4 | | court services;
| 5 | | (7) if he or she is at least 17 years of age and has | 6 | | been sentenced to
probation or conditional discharge for a | 7 | | misdemeanor or felony in a county of
3,000,000 or more | 8 | | inhabitants and has not been previously convicted of a
| 9 | | misdemeanor or felony, may be required by the sentencing | 10 | | court to attend
educational courses designed to prepare the | 11 | | defendant for a high school diploma
and to work toward a | 12 | | high school diploma or to work toward passing high school | 13 | | equivalency testing or to work toward
completing a | 14 | | vocational training program approved by the court. The | 15 | | person on
probation or conditional discharge must attend a | 16 | | public institution of
education to obtain the educational | 17 | | or vocational training required by this paragraph
(7). The | 18 | | court shall revoke the probation or conditional discharge | 19 | | of a
person who wilfully fails to comply with this | 20 | | paragraph (7). The person on
probation or conditional | 21 | | discharge shall be required to pay for the cost of the
| 22 | | educational courses or high school equivalency testing if a | 23 | | fee is charged for those courses or testing. The court | 24 | | shall resentence the offender whose probation or | 25 | | conditional
discharge has been revoked as provided in | 26 | | Section 5-6-4. This paragraph (7) does
not apply to a |
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| 1 | | person who has a high school diploma or has successfully | 2 | | passed high school equivalency testing. This paragraph (7) | 3 | | does not apply to a person who is determined by
the court | 4 | | to be a person with a developmental disability or otherwise | 5 | | mentally incapable of
completing the educational or | 6 | | vocational program;
| 7 | | (8) if convicted of possession of a substance | 8 | | prohibited
by the Cannabis Control Act, the Illinois | 9 | | Controlled Substances Act, or the Methamphetamine Control | 10 | | and Community Protection Act
after a previous conviction or | 11 | | disposition of supervision for possession of a
substance | 12 | | prohibited by the Cannabis Control Act or Illinois | 13 | | Controlled
Substances Act or after a sentence of probation | 14 | | under Section 10 of the
Cannabis
Control Act, Section 410 | 15 | | of the Illinois Controlled Substances Act, or Section 70 of | 16 | | the Methamphetamine Control and Community Protection Act | 17 | | and upon a
finding by the court that the person is | 18 | | addicted, undergo treatment at a
substance abuse program | 19 | | approved by the court;
| 20 | | (8.5) if convicted of a felony sex offense as defined | 21 | | in the Sex
Offender
Management Board Act, the person shall | 22 | | undergo and successfully complete sex
offender treatment | 23 | | by a treatment provider approved by the Board and conducted
| 24 | | in conformance with the standards developed under the Sex
| 25 | | Offender Management Board Act;
| 26 | | (8.6) if convicted of a sex offense as defined in the |
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| 1 | | Sex Offender Management Board Act, refrain from residing at | 2 | | the same address or in the same condominium unit or | 3 | | apartment unit or in the same condominium complex or | 4 | | apartment complex with another person he or she knows or | 5 | | reasonably should know is a convicted sex offender or has | 6 | | been placed on supervision for a sex offense; the | 7 | | provisions of this paragraph do not apply to a person | 8 | | convicted of a sex offense who is placed in a Department of | 9 | | Corrections licensed transitional housing facility for sex | 10 | | offenders; | 11 | | (8.7) if convicted for an offense committed on or after | 12 | | June 1, 2008 (the effective date of Public Act 95-464) that | 13 | | would qualify the accused as a child sex offender as | 14 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | 15 | | 1961 or the Criminal Code of 2012, refrain from | 16 | | communicating with or contacting, by means of the Internet, | 17 | | a person who is not related to the accused and whom the | 18 | | accused reasonably believes to be under 18 years of age; | 19 | | for purposes of this paragraph (8.7), "Internet" has the | 20 | | meaning ascribed to it in Section 16-0.1 of the Criminal | 21 | | Code of 2012; and a person is not related to the accused if | 22 | | the person is not: (i) the spouse, brother, or sister of | 23 | | the accused; (ii) a descendant of the accused; (iii) a | 24 | | first or second cousin of the accused; or (iv) a step-child | 25 | | or adopted child of the accused; | 26 | | (8.8) if convicted for an offense under Section 11-6, |
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| 1 | | 11-9.1, 11-14.4 that involves soliciting for a juvenile | 2 | | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | 3 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 4 | | or any attempt to commit any of these offenses, committed | 5 | | on or after June 1, 2009 (the effective date of Public Act | 6 | | 95-983): | 7 | | (i) not access or use a computer or any other | 8 | | device with Internet capability without the prior | 9 | | written approval of the offender's probation officer, | 10 | | except in connection with the offender's employment or | 11 | | search for employment with the prior approval of the | 12 | | offender's probation officer; | 13 | | (ii) submit to periodic unannounced examinations | 14 | | of the offender's computer or any other device with | 15 | | Internet capability by the offender's probation | 16 | | officer, a law enforcement officer, or assigned | 17 | | computer or information technology specialist, | 18 | | including the retrieval and copying of all data from | 19 | | the computer or device and any internal or external | 20 | | peripherals and removal of such information, | 21 | | equipment, or device to conduct a more thorough | 22 | | inspection; | 23 | | (iii) submit to the installation on the offender's | 24 | | computer or device with Internet capability, at the | 25 | | offender's expense, of one or more hardware or software | 26 | | systems to monitor the Internet use; and |
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| 1 | | (iv) submit to any other appropriate restrictions | 2 | | concerning the offender's use of or access to a | 3 | | computer or any other device with Internet capability | 4 | | imposed by the offender's probation officer; | 5 | | (8.9) if convicted of a sex offense as defined in the | 6 | | Sex Offender
Registration Act committed on or after January | 7 | | 1, 2010 (the effective date of Public Act 96-262), refrain | 8 | | from accessing or using a social networking website as | 9 | | defined in Section 17-0.5 of the Criminal Code of 2012;
| 10 | | (9) if convicted of a felony or of any misdemeanor | 11 | | violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or | 12 | | 12-3.5 of the Criminal Code of 1961 or the Criminal Code of | 13 | | 2012 that was determined, pursuant to Section 112A-11.1 of | 14 | | the Code of Criminal Procedure of 1963, to trigger the | 15 | | prohibitions of 18 U.S.C. 922(g)(9), the defendant shall | 16 | | physically surrender, at a time and place designated by the | 17 | | court, all firearms in his or her possession to a law | 18 | | enforcement officer designated by the court to take custody | 19 | | of and impound the firearms and physically surrender his or | 20 | | her Firearm Owner's Identification Card to the law | 21 | | enforcement agency as a condition of remaining on bond | 22 | | pending sentencing, unless the defendant requests to | 23 | | transfer his or her firearms under Section 9.5 of the | 24 | | Firearm Owners Identification Card Act first. A defendant | 25 | | whose Firearm Owner's Identification Card has been revoked | 26 | | or suspended may petition the court to transfer the |
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| 1 | | defendant's firearm to a person who is lawfully able to | 2 | | possess the firearm if the person does not reside at the | 3 | | same address as the defendant. The transferee who receives | 4 | | the defendant's firearms must swear or affirm by affidavit | 5 | | that he or she shall not transfer the firearm to the | 6 | | defendant or to anyone residing in the same residence as | 7 | | the defendant, until the defendant's Firearm Owner's | 8 | | Identification Card has been reinstated. The law | 9 | | enforcement agency, upon transfer of the firearms, shall | 10 | | require the defendant to complete a Firearm Disposition | 11 | | Record under Section 9.5 of the Firearm Owner's | 12 | | Identification Card Act and provide a copy to the | 13 | | Department of State Police along with the defendants | 14 | | Firearm Owner's Identification Card physically surrender | 15 | | at a time and place
designated by the court, his or her | 16 | | Firearm
Owner's Identification Card and
any and all | 17 | | firearms in
his or her possession. The Court shall return | 18 | | to the Department of State Police Firearm Owner's | 19 | | Identification Card Office the person's Firearm Owner's | 20 | | Identification Card ;
| 21 | | (10) if convicted of a sex offense as defined in | 22 | | subsection (a-5) of Section 3-1-2 of this Code, unless the | 23 | | offender is a parent or guardian of the person under 18 | 24 | | years of age present in the home and no non-familial minors | 25 | | are present, not participate in a holiday event involving | 26 | | children under 18 years of age, such as distributing candy |
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| 1 | | or other items to children on Halloween, wearing a Santa | 2 | | Claus costume on or preceding Christmas, being employed as | 3 | | a department store Santa Claus, or wearing an Easter Bunny | 4 | | costume on or preceding Easter; | 5 | | (11) if convicted of a sex offense as defined in | 6 | | Section 2 of the Sex Offender Registration Act committed on | 7 | | or after January 1, 2010 (the effective date of Public Act | 8 | | 96-362) that requires the person to register as a sex | 9 | | offender under that Act, may not knowingly use any computer | 10 | | scrub software on any computer that the sex offender uses; | 11 | | (12) if convicted of a violation of the Methamphetamine | 12 | | Control and Community Protection Act, the Methamphetamine
| 13 | | Precursor Control Act, or a methamphetamine related | 14 | | offense: | 15 | | (A) prohibited from purchasing, possessing, or | 16 | | having under his or her control any product containing | 17 | | pseudoephedrine unless prescribed by a physician; and | 18 | | (B) prohibited from purchasing, possessing, or | 19 | | having under his or her control any product containing | 20 | | ammonium nitrate; and | 21 | | (13) if convicted of a hate crime involving the | 22 | | protected class identified in subsection (a) of Section | 23 | | 12-7.1 of the Criminal Code of 2012 that gave rise to the | 24 | | offense the offender committed, perform public or | 25 | | community service of no less than 200 hours and enroll in | 26 | | an educational program discouraging hate crimes that |
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| 1 | | includes racial, ethnic, and cultural sensitivity training | 2 | | ordered by the court ; . | 3 | | (14) if convicted of a felony, the defendant shall | 4 | | physically surrender, at a time and place designated by the | 5 | | court, all firearms in his or her possession to a law | 6 | | enforcement officer designated by the court to take custody | 7 | | of and impound the firearms and physically surrender his or | 8 | | her Firearm Owner's Identification Card to the law | 9 | | enforcement agency as a condition of remaining on bond | 10 | | pending sentencing, unless the defendant requests to | 11 | | transfer his or her firearms under Section 9.5 of the | 12 | | Firearm Owners Identification Card Act first. A defendant | 13 | | whose Firearm Owner's Identification Card has been revoked | 14 | | or suspended may petition the court to transfer the | 15 | | defendant's firearm to a person who is lawfully able to | 16 | | possess the firearm if the person does not reside at the | 17 | | same address as the defendant. The transferee who receives | 18 | | the defendant's firearms must swear or affirm by affidavit | 19 | | that he or she shall not transfer the firearm to the | 20 | | defendant or to anyone residing in the same residence as | 21 | | the defendant, until the defendant's Firearm Owner's | 22 | | Identification Card has been reinstated. The law | 23 | | enforcement agency, upon transfer of the firearms, shall | 24 | | require the defendant to complete a Firearm Disposition | 25 | | Record under Section 9.5 of the Firearm Owners | 26 | | Identification Card Act and provide a copy to the |
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| 1 | | Department of State Police along with the defendants | 2 | | Firearm Owner's Identification Card; and | 3 | | (15) if the person is under 21 years of age who has | 4 | | been convicted of a misdemeanor offense other than a | 5 | | traffic offense, the defendant shall physically surrender, | 6 | | at a time and place designated by the court, all firearms | 7 | | in his or her possession to a law enforcement officer | 8 | | designated by the court to take custody of and impound the | 9 | | firearms and physically surrender his or her Firearm | 10 | | Owner's Identification Card to the law enforcement agency | 11 | | as a condition of remaining on bond pending sentencing, | 12 | | unless the defendant requests to transfer his or her | 13 | | firearms under Section 9.5 of the Firearm Owners | 14 | | Identification Card Act first. A defendant whose Firearm | 15 | | Owner's Identification Card has been revoked or suspended | 16 | | may petition the court to transfer the defendant's firearm | 17 | | to a person who is lawfully able to possess the firearm if | 18 | | the person does not reside at the same address as the | 19 | | defendant. The transferee who receives the defendant's | 20 | | firearms must swear or affirm by affidavit that he or she | 21 | | shall not transfer the firearm to the defendant or to | 22 | | anyone residing in the same residence as the defendant, | 23 | | until the defendant's Firearm Owner's Identification Card | 24 | | has been reinstated. The law enforcement agency, upon | 25 | | transfer of the firearms, shall require the defendant to | 26 | | complete a Firearm Disposition Record under Section 9.5 of |
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| 1 | | the Firearm Owners Identification Card Act and provide a | 2 | | copy to the Department of State Police along with the | 3 | | defendants Firearm Owner's Identification Card. | 4 | | (b) The Court may in addition to other reasonable | 5 | | conditions relating to the
nature of the offense or the | 6 | | rehabilitation of the defendant as determined for
each | 7 | | defendant in the proper discretion of the Court require that | 8 | | the person:
| 9 | | (1) serve a term of periodic imprisonment under Article | 10 | | 7 for a
period not to exceed that specified in paragraph | 11 | | (d) of Section 5-7-1;
| 12 | | (2) pay a fine and costs;
| 13 | | (3) work or pursue a course of study or vocational | 14 | | training;
| 15 | | (4) undergo medical, psychological or psychiatric | 16 | | treatment; or treatment
for drug addiction or alcoholism;
| 17 | | (5) attend or reside in a facility established for the | 18 | | instruction
or residence of defendants on probation;
| 19 | | (6) support his dependents;
| 20 | | (7) and in addition, if a minor:
| 21 | | (i) reside with his parents or in a foster home;
| 22 | | (ii) attend school;
| 23 | | (iii) attend a non-residential program for youth;
| 24 | | (iv) contribute to his own support at home or in a | 25 | | foster home;
| 26 | | (v) with the consent of the superintendent of the
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| 1 | | facility, attend an educational program at a facility | 2 | | other than the school
in which the
offense was | 3 | | committed if he
or she is convicted of a crime of | 4 | | violence as
defined in
Section 2 of the Crime Victims | 5 | | Compensation Act committed in a school, on the
real
| 6 | | property
comprising a school, or within 1,000 feet of | 7 | | the real property comprising a
school;
| 8 | | (8) make restitution as provided in Section 5-5-6 of | 9 | | this Code;
| 10 | | (9) perform some reasonable public or community | 11 | | service;
| 12 | | (10) serve a term of home confinement. In addition to | 13 | | any other
applicable condition of probation or conditional | 14 | | discharge, the
conditions of home confinement shall be that | 15 | | the offender:
| 16 | | (i) remain within the interior premises of the | 17 | | place designated for
his confinement during the hours | 18 | | designated by the court;
| 19 | | (ii) admit any person or agent designated by the | 20 | | court into the
offender's place of confinement at any | 21 | | time for purposes of verifying
the offender's | 22 | | compliance with the conditions of his confinement; and
| 23 | | (iii) if further deemed necessary by the court or | 24 | | the
Probation or
Court Services Department, be placed | 25 | | on an approved
electronic monitoring device, subject | 26 | | to Article 8A of Chapter V;
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| 1 | | (iv) for persons convicted of any alcohol, | 2 | | cannabis or controlled
substance violation who are | 3 | | placed on an approved monitoring device as a
condition | 4 | | of probation or conditional discharge, the court shall | 5 | | impose a
reasonable fee for each day of the use of the | 6 | | device, as established by the
county board in | 7 | | subsection (g) of this Section, unless after | 8 | | determining the
inability of the offender to pay the | 9 | | fee, the court assesses a lesser fee or no
fee as the | 10 | | case may be. This fee shall be imposed in addition to | 11 | | the fees
imposed under subsections (g) and (i) of this | 12 | | Section. The fee shall be
collected by the clerk of the | 13 | | circuit court, except as provided in an administrative | 14 | | order of the Chief Judge of the circuit court. The | 15 | | clerk of the circuit
court shall pay all monies | 16 | | collected from this fee to the county treasurer
for | 17 | | deposit in the substance abuse services fund under | 18 | | Section 5-1086.1 of
the Counties Code, except as | 19 | | provided in an administrative order of the Chief Judge | 20 | | of the circuit court. | 21 | | The Chief Judge of the circuit court of the county | 22 | | may by administrative order establish a program for | 23 | | electronic monitoring of offenders, in which a vendor | 24 | | supplies and monitors the operation of the electronic | 25 | | monitoring device, and collects the fees on behalf of | 26 | | the county. The program shall include provisions for |
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| 1 | | indigent offenders and the collection of unpaid fees. | 2 | | The program shall not unduly burden the offender and | 3 | | shall be subject to review by the Chief Judge. | 4 | | The Chief Judge of the circuit court may suspend | 5 | | any additional charges or fees for late payment, | 6 | | interest, or damage to any device; and
| 7 | | (v) for persons convicted of offenses other than | 8 | | those referenced in
clause (iv) above and who are | 9 | | placed on an approved monitoring device as a
condition | 10 | | of probation or conditional discharge, the court shall | 11 | | impose
a reasonable fee for each day of the use of the | 12 | | device, as established by the
county board in | 13 | | subsection (g) of this Section, unless after | 14 | | determining the
inability of the defendant to pay the | 15 | | fee, the court assesses a lesser fee or
no fee as the | 16 | | case may be. This fee shall be imposed in addition to | 17 | | the fees
imposed under subsections (g) and (i) of this | 18 | | Section. The fee
shall be collected by the clerk of the | 19 | | circuit court, except as provided in an administrative | 20 | | order of the Chief Judge of the circuit court. The | 21 | | clerk of the circuit
court shall pay all monies | 22 | | collected from this fee
to the county treasurer who | 23 | | shall use the monies collected to defray the
costs of | 24 | | corrections. The county treasurer shall deposit the | 25 | | fee
collected in the probation and court services fund.
| 26 | | The Chief Judge of the circuit court of the county may |
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| 1 | | by administrative order establish a program for | 2 | | electronic monitoring of offenders, in which a vendor | 3 | | supplies and monitors the operation of the electronic | 4 | | monitoring device, and collects the fees on behalf of | 5 | | the county. The program shall include provisions for | 6 | | indigent offenders and the collection of unpaid fees. | 7 | | The program shall not unduly burden the offender and | 8 | | shall be subject to review by the Chief Judge.
| 9 | | The Chief Judge of the circuit court may suspend | 10 | | any additional charges or fees for late payment, | 11 | | interest, or damage to any device. | 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,
as now or hereafter amended, | 15 | | or an order of protection issued by the court of
another | 16 | | state, tribe, or United States territory. A copy of the | 17 | | order of
protection shall be
transmitted to the probation | 18 | | officer or agency
having responsibility for the case;
| 19 | | (12) reimburse any "local anti-crime program" as | 20 | | defined in Section 7
of the Anti-Crime Advisory Council Act | 21 | | for any reasonable expenses incurred
by the program on the | 22 | | offender's case, not to exceed the maximum amount of
the | 23 | | fine authorized for the offense for which the defendant was | 24 | | sentenced;
| 25 | | (13) contribute a reasonable sum of money, not to | 26 | | exceed the maximum
amount of the fine authorized for the
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| 1 | | offense for which the defendant was sentenced, (i) to a | 2 | | "local anti-crime
program", as defined in Section 7 of the | 3 | | Anti-Crime Advisory Council Act, or (ii) for offenses under | 4 | | the jurisdiction of the Department of Natural Resources, to | 5 | | the fund established by the Department of Natural Resources | 6 | | for the purchase of evidence for investigation purposes and | 7 | | to conduct investigations as outlined in Section 805-105 of | 8 | | the Department of Natural Resources (Conservation) Law;
| 9 | | (14) refrain from entering into a designated | 10 | | geographic area except upon
such terms as the court finds | 11 | | appropriate. Such terms may include
consideration of the | 12 | | purpose of the entry, the time of day, other persons
| 13 | | accompanying the defendant, and advance approval by a
| 14 | | probation officer, if
the defendant has been placed on | 15 | | probation or advance approval by the
court, if the | 16 | | defendant was placed on conditional discharge;
| 17 | | (15) refrain from having any contact, directly or | 18 | | indirectly, with
certain specified persons or particular | 19 | | types of persons, 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) if convicted for an offense committed on or after | 3 | | June 1, 2008 (the effective date of Public Act 95-464) that | 4 | | would qualify the accused as a child sex offender as | 5 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | 6 | | 1961 or the Criminal Code of 2012, refrain from | 7 | | communicating with or contacting, by means of the Internet, | 8 | | a person who is related to the accused and whom the accused | 9 | | reasonably believes to be under 18 years of age; for | 10 | | purposes of this paragraph (17), "Internet" has the meaning | 11 | | ascribed to it in Section 16-0.1 of the Criminal Code of | 12 | | 2012; and a person is related to the accused if the person | 13 | | is: (i) the spouse, brother, or sister of the accused; (ii) | 14 | | a descendant of the accused; (iii) a first or second cousin | 15 | | of the accused; or (iv) a step-child or adopted child of | 16 | | the accused; | 17 | | (18) if convicted for an offense committed on or after | 18 | | June 1, 2009 (the effective date of Public Act 95-983) that | 19 | | would qualify as a sex offense as defined in the Sex | 20 | | Offender Registration Act: | 21 | | (i) not access or use a computer or any other | 22 | | device with Internet capability without the prior | 23 | | written approval of the offender's probation officer, | 24 | | except in connection with the offender's employment or | 25 | | search for employment with the prior approval of the | 26 | | offender's probation officer; |
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| 1 | | (ii) submit to periodic unannounced examinations | 2 | | of the offender's computer or any other device with | 3 | | Internet capability by the offender's probation | 4 | | officer, a law enforcement officer, or assigned | 5 | | computer or information technology specialist, | 6 | | including the retrieval and copying of all data from | 7 | | the computer or device and any internal or external | 8 | | peripherals and removal of such information, | 9 | | equipment, or device to conduct a more thorough | 10 | | inspection; | 11 | | (iii) submit to the installation on the offender's | 12 | | computer or device with Internet capability, at the | 13 | | subject's expense, of one or more hardware or software | 14 | | systems to monitor the Internet use; and | 15 | | (iv) submit to any other appropriate restrictions | 16 | | concerning the offender's use of or access to a | 17 | | computer or any other device with Internet capability | 18 | | imposed by the offender's probation officer; and | 19 | | (19) refrain from possessing a firearm or other | 20 | | dangerous weapon where the offense is a misdemeanor that | 21 | | did not involve the intentional or knowing infliction of | 22 | | bodily harm or threat of bodily harm. | 23 | | (c) The court may as a condition of probation or of | 24 | | conditional
discharge require that a person under 18 years of | 25 | | age found guilty of any
alcohol, cannabis or controlled | 26 | | substance violation, refrain from acquiring
a driver's license |
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| 1 | | during
the period of probation or conditional discharge. If | 2 | | such person
is in possession of a permit or license, the court | 3 | | may require that
the minor refrain from driving or operating | 4 | | any motor vehicle during the
period of probation or conditional | 5 | | discharge, except as may be necessary in
the course of the | 6 | | minor's lawful employment.
| 7 | | (d) An offender sentenced to probation or to conditional | 8 | | discharge
shall be given a certificate setting forth the | 9 | | conditions thereof.
| 10 | | (e) Except where the offender has committed a fourth or | 11 | | subsequent
violation of subsection (c) of Section 6-303 of the | 12 | | Illinois Vehicle Code,
the court shall not require as a | 13 | | condition of the sentence of
probation or conditional discharge | 14 | | that the offender be committed to a
period of imprisonment in | 15 | | excess of 6 months.
This 6-month limit shall not include | 16 | | periods of confinement given pursuant to
a sentence of county | 17 | | impact incarceration under Section 5-8-1.2.
| 18 | | Persons committed to imprisonment as a condition of | 19 | | probation or
conditional discharge shall not be committed to | 20 | | the Department of
Corrections.
| 21 | | (f) The court may combine a sentence of periodic | 22 | | imprisonment under
Article 7 or a sentence to a county impact | 23 | | incarceration program under
Article 8 with a sentence of | 24 | | probation or conditional discharge.
| 25 | | (g) An offender sentenced to probation or to conditional | 26 | | discharge and
who during the term of either undergoes mandatory |
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| 1 | | drug or alcohol testing,
or both, or is assigned to be placed | 2 | | on an approved electronic monitoring
device, shall be ordered | 3 | | to pay all costs incidental to such mandatory drug
or alcohol | 4 | | testing, or both, and all costs
incidental to such approved | 5 | | electronic monitoring in accordance with the
defendant's | 6 | | ability to pay those costs. The county board with
the | 7 | | concurrence of the Chief Judge of the judicial
circuit in which | 8 | | the county is located shall establish reasonable fees for
the | 9 | | cost of maintenance, testing, and incidental expenses related | 10 | | to the
mandatory drug or alcohol testing, or both, and all | 11 | | costs incidental to
approved electronic monitoring, involved | 12 | | in a successful probation program
for the county. The | 13 | | concurrence of the Chief Judge shall be in the form of
an | 14 | | administrative order.
The fees shall be collected by the clerk | 15 | | of the circuit court, except as provided in an administrative | 16 | | order of the Chief Judge of the circuit court. The clerk of
the | 17 | | circuit court shall pay all moneys collected from these fees to | 18 | | the county
treasurer who shall use the moneys collected to | 19 | | defray the costs of
drug testing, alcohol testing, and | 20 | | electronic monitoring.
The county treasurer shall deposit the | 21 | | fees collected in the
county working cash fund under Section | 22 | | 6-27001 or Section 6-29002 of the
Counties Code, as the case | 23 | | may be.
The Chief Judge of the circuit court of the county may | 24 | | by administrative order establish a program for electronic | 25 | | monitoring of offenders, in which a vendor supplies and | 26 | | monitors the operation of the electronic monitoring device, and |
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| 1 | | collects the fees on behalf of the county. The program shall | 2 | | include provisions for indigent offenders and the collection of | 3 | | unpaid fees. The program shall not unduly burden the offender | 4 | | and shall be subject to review by the Chief Judge.
| 5 | | The Chief Judge of the circuit court may suspend any | 6 | | additional charges or fees for late payment, interest, or | 7 | | damage to any device. | 8 | | (h) Jurisdiction over an offender may be transferred from | 9 | | the
sentencing court to the court of another circuit with the | 10 | | concurrence of
both courts. Further transfers or retransfers of
| 11 | | jurisdiction are also
authorized in the same manner. The court | 12 | | to which jurisdiction has been
transferred shall have the same | 13 | | powers as the sentencing court.
The probation department within | 14 | | the circuit to which jurisdiction has been transferred, or | 15 | | which has agreed to provide supervision, may impose probation | 16 | | fees upon receiving the transferred offender, as provided in | 17 | | subsection (i). For all transfer cases, as defined in Section | 18 | | 9b of the Probation and Probation Officers Act, the probation | 19 | | department from the original sentencing court shall retain all | 20 | | probation fees collected prior to the transfer. After the | 21 | | transfer,
all probation fees shall be paid to the probation | 22 | | department within the
circuit to which jurisdiction has been | 23 | | transferred.
| 24 | | (i) The court shall impose upon an offender
sentenced to | 25 | | probation after January 1, 1989 or to conditional discharge
| 26 | | after January 1, 1992 or to community service under the |
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| 1 | | supervision of a
probation or court services department after | 2 | | January 1, 2004, as a condition of such probation or | 3 | | conditional
discharge or supervised community service, a fee of | 4 | | $50
for each month of probation or
conditional
discharge | 5 | | supervision or supervised community service ordered by the | 6 | | court, unless after
determining the inability of the person | 7 | | sentenced to probation or conditional
discharge or supervised | 8 | | community service to pay the
fee, the court assesses a lesser | 9 | | fee. The court may not impose the fee on a
minor who is placed | 10 | | in the guardianship or custody of the Department of Children | 11 | | and Family Services under the Juvenile Court Act of 1987
while | 12 | | the minor is in placement.
The fee shall be imposed only upon
| 13 | | an offender who is actively supervised by the
probation and | 14 | | court services
department. The fee shall be collected by the | 15 | | clerk
of the circuit court. The clerk of the circuit court | 16 | | shall pay all monies
collected from this fee to the county | 17 | | treasurer for deposit in the
probation and court services fund | 18 | | under Section 15.1 of the
Probation and Probation Officers Act.
| 19 | | A circuit court may not impose a probation fee under this | 20 | | subsection (i) in excess of $25
per month unless the circuit | 21 | | court has adopted, by administrative
order issued by the chief | 22 | | judge, a standard probation fee guide
determining an offender's | 23 | | ability to pay Of the
amount collected as a probation fee, up | 24 | | to $5 of that fee
collected per month may be used to provide | 25 | | services to crime victims
and their families. | 26 | | The Court may only waive probation fees based on an |
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| 1 | | offender's ability to pay. The probation department may | 2 | | re-evaluate an offender's ability to pay every 6 months, and, | 3 | | with the approval of the Director of Court Services or the | 4 | | Chief Probation Officer, adjust the monthly fee amount. An | 5 | | offender may elect to pay probation fees due in a lump sum.
Any | 6 | | offender that has been assigned to the supervision of a | 7 | | probation department, or has been transferred either under | 8 | | subsection (h) of this Section or under any interstate compact, | 9 | | shall be required to pay probation fees to the department | 10 | | supervising the offender, based on the offender's ability to | 11 | | pay.
| 12 | | Public Act 93-970 deletes the $10 increase in the fee under | 13 | | this subsection that was imposed by Public Act 93-616. This | 14 | | deletion is intended to control over any other Act of the 93rd | 15 | | General Assembly that retains or incorporates that fee | 16 | | increase. | 17 | | (i-5) In addition to the fees imposed under subsection (i) | 18 | | of this Section, in the case of an offender convicted of a | 19 | | felony sex offense (as defined in the Sex Offender Management | 20 | | Board Act) or an offense that the court or probation department | 21 | | has determined to be sexually motivated (as defined in the Sex | 22 | | Offender Management Board Act), the court or the probation | 23 | | department shall assess additional fees to pay for all costs of | 24 | | treatment, assessment, evaluation for risk and treatment, and | 25 | | monitoring the offender, based on that offender's ability to | 26 | | pay those costs either as they occur or under a payment plan. |
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| 1 | | (j) All fines and costs imposed under this Section for any | 2 | | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | 3 | | Code, or a similar
provision of a local ordinance, and any | 4 | | violation of the Child Passenger
Protection Act, or a similar | 5 | | provision of a local ordinance, shall be
collected and | 6 | | disbursed by the circuit clerk as provided under the Criminal | 7 | | and Traffic Assessment Act.
| 8 | | (k) Any offender who is sentenced to probation or | 9 | | conditional discharge for a felony sex offense as defined in | 10 | | the Sex Offender Management Board Act or any offense that the | 11 | | court or probation department has determined to be sexually | 12 | | motivated as defined in the Sex Offender Management Board Act | 13 | | shall be required to refrain from any contact, directly or | 14 | | indirectly, with any persons specified by the court and shall | 15 | | be available for all evaluations and treatment programs | 16 | | required by the court or the probation department.
| 17 | | (l) The court may order an offender who is sentenced to | 18 | | probation or conditional
discharge for a violation of an order | 19 | | of protection be placed under electronic surveillance as | 20 | | provided in Section 5-8A-7 of this Code. | 21 | | (Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16; | 22 | | 100-159, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff. | 23 | | 1-8-18; 100-987, eff. 7-1-19.) | 24 | | Section 95. No acceleration or delay. Where this Act makes | 25 | | changes in a statute that is represented in this Act by text |
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| 1 | | that is not yet or no longer in effect (for example, a Section | 2 | | represented by multiple versions), the use of that text does | 3 | | not accelerate or delay the taking effect of (i) the changes | 4 | | made by this Act or (ii) provisions derived from any other | 5 | | Public Act.
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.".
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