Full Text of SB1843 98th General Assembly
SB1843enr 98TH GENERAL ASSEMBLY |
| | SB1843 Enrolled | | LRB098 09873 RLC 40031 b |
|
| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 2. The Juvenile Court Act of 1987 is amended by | 5 | | changing Section 5-715 as follows: | 6 | | (705 ILCS 405/5-715)
| 7 | | Sec. 5-715. Probation.
| 8 | | (1) The period of probation or conditional discharge shall | 9 | | not exceed 5
years or until the minor has attained the age of | 10 | | 21 years, whichever is less,
except as provided in this Section | 11 | | for a minor who is found to be guilty
for an offense which is | 12 | | first degree murder, a Class X felony or a forcible
felony. The | 13 | | juvenile court may terminate probation or
conditional | 14 | | discharge and discharge the minor at any time if warranted by | 15 | | the
conduct of the minor and the ends of justice; provided, | 16 | | however, that the
period of probation for a minor who is found | 17 | | to be guilty for an offense which
is first degree murder, a | 18 | | Class X felony, or a forcible felony shall be at
least 5 years.
| 19 | | (2) The court may as a condition of probation or of | 20 | | conditional discharge
require that the minor:
| 21 | | (a) not violate any criminal statute of any | 22 | | jurisdiction;
| 23 | | (b) make a report to and appear in person before any |
| | | SB1843 Enrolled | - 2 - | LRB098 09873 RLC 40031 b |
|
| 1 | | person or agency as
directed by the court;
| 2 | | (c) work or pursue a course of study or vocational | 3 | | training;
| 4 | | (d) undergo medical or psychiatric treatment, rendered | 5 | | by a psychiatrist
or
psychological treatment rendered by a | 6 | | clinical psychologist or social work
services rendered by a | 7 | | clinical social worker, or treatment for drug addiction
or | 8 | | alcoholism;
| 9 | | (e) attend or reside in a facility established for the | 10 | | instruction or
residence of persons on probation;
| 11 | | (f) support his or her dependents, if any;
| 12 | | (g) refrain from possessing a firearm or other | 13 | | dangerous weapon, or an
automobile;
| 14 | | (h) permit the probation officer to visit him or her at | 15 | | his or her home or
elsewhere;
| 16 | | (i) reside with his or her parents or in a foster home;
| 17 | | (j) attend school;
| 18 | | (j-5) with the consent of the superintendent
of the
| 19 | | facility,
attend an educational program at a facility other | 20 | | than the school
in which the
offense was committed if he
or | 21 | | she committed a crime of violence as
defined in
Section 2 | 22 | | of the Crime Victims Compensation Act in a school, on the
| 23 | | real
property
comprising a school, or within 1,000 feet of | 24 | | the real property comprising a
school;
| 25 | | (k) attend a non-residential program for youth;
| 26 | | (l) make restitution under the terms of subsection (4) |
| | | SB1843 Enrolled | - 3 - | LRB098 09873 RLC 40031 b |
|
| 1 | | of Section 5-710;
| 2 | | (m) contribute to his or her own support at home or in | 3 | | a foster home;
| 4 | | (n) perform some reasonable public or community | 5 | | service;
| 6 | | (o) participate with community corrections programs | 7 | | including unified
delinquency intervention services | 8 | | administered by the Department of Human
Services
subject to | 9 | | Section 5 of the Children and Family Services Act;
| 10 | | (p) pay costs;
| 11 | | (q) serve a term of home confinement. In addition to | 12 | | any other applicable
condition of probation or conditional | 13 | | discharge, the conditions of home
confinement shall be that | 14 | | the minor:
| 15 | | (i) remain within the interior premises of the | 16 | | place designated for his
or her confinement during the | 17 | | hours designated by the court;
| 18 | | (ii) admit any person or agent designated by the | 19 | | court into the minor's
place of confinement at any time | 20 | | for purposes of verifying the minor's
compliance with | 21 | | the conditions of his or her confinement; and
| 22 | | (iii) use an approved electronic monitoring device | 23 | | if ordered by the
court subject to Article 8A of | 24 | | Chapter V of the Unified Code of Corrections;
| 25 | | (r) refrain from entering into a designated geographic | 26 | | area except upon
terms as the court finds appropriate. The |
| | | SB1843 Enrolled | - 4 - | LRB098 09873 RLC 40031 b |
|
| 1 | | terms may include consideration of
the purpose of the | 2 | | entry, the time of day, other persons accompanying the
| 3 | | minor, and advance approval by a probation officer, if the | 4 | | minor has been
placed on probation, or advance approval by | 5 | | the court, if the minor has been
placed on conditional | 6 | | discharge;
| 7 | | (s) refrain from having any contact, directly or | 8 | | indirectly, with certain
specified persons or particular | 9 | | types of persons, including but not limited to
members of | 10 | | street gangs and drug users or dealers;
| 11 | | (s-5) undergo a medical or other procedure to have a | 12 | | tattoo symbolizing
allegiance to a street
gang removed from | 13 | | his or her body;
| 14 | | (t) refrain from having in his or her body the presence | 15 | | of any illicit
drug
prohibited by the Cannabis Control Act, | 16 | | the Illinois Controlled Substances
Act, or the | 17 | | Methamphetamine Control and Community Protection Act, | 18 | | unless prescribed
by a physician, and shall submit samples | 19 | | of his or her blood or urine or both
for tests to determine | 20 | | the presence of any illicit drug; or
| 21 | | (u) comply with other conditions as may be ordered by | 22 | | the court.
| 23 | | (3) The court may as a condition of probation or of | 24 | | conditional discharge
require that a minor found guilty on any | 25 | | alcohol, cannabis, methamphetamine, or
controlled substance | 26 | | violation, refrain from acquiring a driver's license
during the |
| | | SB1843 Enrolled | - 5 - | LRB098 09873 RLC 40031 b |
|
| 1 | | period of probation or conditional discharge. If the minor is | 2 | | in
possession of a permit or license, the court may require | 3 | | that the minor refrain
from driving or operating any motor | 4 | | 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 | | (3.5) The court shall, as a condition of probation or of | 8 | | conditional
discharge,
require that a minor found to be guilty | 9 | | and placed on probation for reasons
that include a
violation of | 10 | | Section 3.02 or Section 3.03 of the Humane Care for Animals Act | 11 | | or
paragraph
(4) of subsection (a) of Section 21-1 of the
| 12 | | Criminal Code of 2012 undergo medical or psychiatric treatment | 13 | | rendered by a
psychiatrist or psychological treatment rendered | 14 | | by a clinical psychologist.
The
condition may be in addition to | 15 | | any other condition.
| 16 | | (3.10) The court shall order that a minor placed on | 17 | | probation or
conditional discharge for a sex offense as defined | 18 | | in the Sex Offender
Management Board Act undergo and | 19 | | successfully complete sex offender treatment.
The treatment | 20 | | shall be in conformance with the standards developed under
the | 21 | | Sex Offender Management Board Act and conducted by a treatment | 22 | | provider
approved by the Board. The treatment shall be at the | 23 | | expense of the person
evaluated based upon that person's | 24 | | ability to pay for the treatment.
| 25 | | (4) A minor on probation or conditional discharge shall be | 26 | | given a
certificate setting forth the conditions upon which he |
| | | SB1843 Enrolled | - 6 - | LRB098 09873 RLC 40031 b |
|
| 1 | | or she is being
released.
| 2 | | (5) The court shall impose upon a minor placed on probation | 3 | | or conditional
discharge, as a condition of the probation or | 4 | | conditional discharge, a fee of
$50 for each month of probation | 5 | | or conditional discharge supervision ordered by
the court, | 6 | | unless after determining the inability of the minor placed on
| 7 | | probation or conditional discharge to pay the fee, the court | 8 | | assesses a lesser
amount. The court may not impose the fee on a | 9 | | minor who is made a ward of the
State under this Act while the | 10 | | minor is in placement. The fee shall be
imposed only upon a | 11 | | minor who is actively supervised by the probation and court
| 12 | | services department. The court may order the parent, guardian, | 13 | | or legal
custodian of the minor to pay some or all of the fee on | 14 | | the minor's behalf.
| 15 | | (5.5) Jurisdiction over an offender may be transferred from | 16 | | the
sentencing court to the court of another circuit with the | 17 | | concurrence
of both courts. Further transfers or retransfers of | 18 | | jurisdiction are
also authorized in the same manner. The court | 19 | | to which jurisdiction has
been transferred shall have the same | 20 | | powers as the sentencing court.
The probation department within | 21 | | the circuit to which jurisdiction has
been transferred, or | 22 | | which has agreed to provide supervision, may
impose probation | 23 | | fees upon receiving the transferred offender, as
provided in | 24 | | subsection (i) of Section 5-6-3 of the Unified Code of | 25 | | Corrections. For all transfer cases, as defined in
Section 9b | 26 | | of the Probation and Probation Officers Act, the probation
|
| | | SB1843 Enrolled | - 7 - | LRB098 09873 RLC 40031 b |
|
| 1 | | department from the original sentencing court shall retain all
| 2 | | probation fees collected prior to the transfer. After the | 3 | | transfer, all
probation fees shall be paid to the probation | 4 | | department within the
circuit to which jurisdiction has been | 5 | | transferred. | 6 | | If the transfer case originated in another state and has | 7 | | been transferred under the Interstate Compact for Juveniles to | 8 | | the jurisdiction of an Illinois circuit court for supervision | 9 | | by an Illinois probation department, probation fees may be | 10 | | imposed only if permitted by the Interstate Commission for | 11 | | Juveniles. | 12 | | (6) The General Assembly finds that in order to protect the | 13 | | public, the
juvenile justice system must compel compliance with | 14 | | the conditions of probation
by responding to violations with | 15 | | swift, certain, and fair punishments and
intermediate | 16 | | sanctions. The Chief Judge of each circuit shall adopt a system
| 17 | | of structured, intermediate sanctions for violations of the | 18 | | terms and
conditions of a sentence of supervision, probation or | 19 | | conditional discharge,
under this
Act.
| 20 | | The court shall provide as a condition of a disposition of | 21 | | probation,
conditional discharge, or supervision, that the | 22 | | probation agency may invoke any
sanction from the list of | 23 | | intermediate sanctions adopted by the chief judge of
the | 24 | | circuit court for violations of the terms and conditions of the | 25 | | sentence of
probation, conditional discharge, or supervision, | 26 | | subject to the provisions of
Section 5-720 of this Act.
|
| | | SB1843 Enrolled | - 8 - | LRB098 09873 RLC 40031 b |
|
| 1 | | (Source: P.A. 96-1414, eff. 1-1-11; 97-1108, eff. 1-1-13; | 2 | | 97-1150, eff. 1-25-13.)
| 3 | | Section 3. The Unified Code of Corrections is amended by | 4 | | changing Section 5-6-3 as follows: | 5 | | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) | 6 | | Sec. 5-6-3. Conditions of Probation and of Conditional | 7 | | Discharge.
| 8 | | (a) The conditions of probation and of conditional | 9 | | discharge shall be
that the person:
| 10 | | (1) not violate any criminal statute of any | 11 | | jurisdiction;
| 12 | | (2) report to or appear in person before such person or | 13 | | agency as
directed by the court;
| 14 | | (3) refrain from possessing a firearm or other | 15 | | dangerous weapon where the offense is a felony or, if a | 16 | | misdemeanor, the offense involved the intentional or | 17 | | knowing infliction of bodily harm or threat of bodily harm;
| 18 | | (4) not leave the State without the consent of the | 19 | | court or, in
circumstances in which the reason for the | 20 | | absence is of such an emergency
nature that prior consent | 21 | | by the court is not possible, without the prior
| 22 | | notification and approval of the person's probation
| 23 | | officer. Transfer of a person's probation or conditional | 24 | | discharge
supervision to another state is subject to |
| | | SB1843 Enrolled | - 9 - | LRB098 09873 RLC 40031 b |
|
| 1 | | acceptance by the other state
pursuant to the Interstate | 2 | | Compact for Adult Offender Supervision;
| 3 | | (5) permit the probation officer to visit
him at his | 4 | | home or elsewhere
to the extent necessary to discharge his | 5 | | duties;
| 6 | | (6) perform no less than 30 hours of community service | 7 | | and not more than
120 hours of community service, if | 8 | | community service is available in the
jurisdiction and is | 9 | | funded and approved by the county board where the offense
| 10 | | was committed, where the offense was related to or in | 11 | | furtherance of the
criminal activities of an organized gang | 12 | | and was motivated by the offender's
membership in or | 13 | | allegiance to an organized gang. The community service | 14 | | shall
include, but not be limited to, the cleanup and | 15 | | repair of any damage caused by
a violation of Section | 16 | | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of | 17 | | 2012 and similar damage
to property located within the | 18 | | municipality or county in which the violation
occurred. | 19 | | When possible and reasonable, the community service should | 20 | | be
performed in the offender's neighborhood. For purposes | 21 | | of this Section,
"organized gang" has the meaning ascribed | 22 | | to it in Section 10 of the Illinois
Streetgang Terrorism | 23 | | Omnibus Prevention Act;
| 24 | | (7) if he or she is at least 17 years of age and has | 25 | | been sentenced to
probation or conditional discharge for a | 26 | | misdemeanor or felony in a county of
3,000,000 or more |
| | | SB1843 Enrolled | - 10 - | LRB098 09873 RLC 40031 b |
|
| 1 | | inhabitants and has not been previously convicted of a
| 2 | | misdemeanor or felony, may be required by the sentencing | 3 | | court to attend
educational courses designed to prepare the | 4 | | defendant for a high school diploma
and to work toward a | 5 | | high school diploma or to work toward passing the high
| 6 | | school level Test of General Educational Development (GED) | 7 | | or to work toward
completing a vocational training program | 8 | | approved by the court. The person on
probation or | 9 | | conditional discharge must attend a public institution of
| 10 | | education to obtain the educational or vocational training | 11 | | required by this
clause (7). The court shall revoke the | 12 | | probation or conditional discharge of a
person who wilfully | 13 | | fails to comply with this clause (7). The person on
| 14 | | probation or conditional discharge shall be required to pay | 15 | | for the cost of the
educational courses or GED test, if a | 16 | | fee is charged for those courses or
test. The court shall | 17 | | resentence the offender whose probation or conditional
| 18 | | discharge has been revoked as provided in Section 5-6-4. | 19 | | This clause (7) does
not apply to a person who has a high | 20 | | school diploma or has successfully passed
the GED test. | 21 | | This clause (7) does not apply to a person who is | 22 | | determined by
the court to be developmentally disabled or | 23 | | otherwise mentally incapable of
completing the educational | 24 | | or vocational program;
| 25 | | (8) if convicted of possession of a substance | 26 | | prohibited
by the Cannabis Control Act, the Illinois |
| | | SB1843 Enrolled | - 11 - | LRB098 09873 RLC 40031 b |
|
| 1 | | Controlled Substances Act, or the Methamphetamine Control | 2 | | and Community Protection Act
after a previous conviction or | 3 | | disposition of supervision for possession of a
substance | 4 | | prohibited by the Cannabis Control Act or Illinois | 5 | | Controlled
Substances Act or after a sentence of probation | 6 | | under Section 10 of the
Cannabis
Control Act, Section 410 | 7 | | of the Illinois Controlled Substances Act, or Section 70 of | 8 | | the Methamphetamine Control and Community Protection Act | 9 | | and upon a
finding by the court that the person is | 10 | | addicted, undergo treatment at a
substance abuse program | 11 | | approved by the court;
| 12 | | (8.5) if convicted of a felony sex offense as defined | 13 | | in the Sex
Offender
Management Board Act, the person shall | 14 | | undergo and successfully complete sex
offender treatment | 15 | | by a treatment provider approved by the Board and conducted
| 16 | | in conformance with the standards developed under the Sex
| 17 | | Offender Management Board Act;
| 18 | | (8.6) if convicted of a sex offense as defined in the | 19 | | Sex Offender Management Board Act, refrain from residing at | 20 | | the same address or in the same condominium unit or | 21 | | apartment unit or in the same condominium complex or | 22 | | apartment complex with another person he or she knows or | 23 | | reasonably should know is a convicted sex offender or has | 24 | | been placed on supervision for a sex offense; the | 25 | | provisions of this paragraph do not apply to a person | 26 | | convicted of a sex offense who is placed in a Department of |
| | | SB1843 Enrolled | - 12 - | LRB098 09873 RLC 40031 b |
|
| 1 | | Corrections licensed transitional housing facility for sex | 2 | | offenders; | 3 | | (8.7) if convicted for an offense committed on or after | 4 | | June 1, 2008 (the effective date of Public Act 95-464) that | 5 | | would qualify the accused as a child sex offender as | 6 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | 7 | | 1961 or the Criminal Code of 2012, refrain from | 8 | | communicating with or contacting, by means of the Internet, | 9 | | a person who is not related to the accused and whom the | 10 | | accused reasonably believes to be under 18 years of age; | 11 | | for purposes of this paragraph (8.7), "Internet" has the | 12 | | meaning ascribed to it in Section 16-0.1 of the Criminal | 13 | | Code of 2012; and a person is not related to the accused if | 14 | | the person is not: (i) the spouse, brother, or sister of | 15 | | the accused; (ii) a descendant of the accused; (iii) a | 16 | | first or second cousin of the accused; or (iv) a step-child | 17 | | or adopted child of the accused; | 18 | | (8.8) if convicted for an offense under Section 11-6, | 19 | | 11-9.1, 11-14.4 that involves soliciting for a juvenile | 20 | | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | 21 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 22 | | or any attempt to commit any of these offenses, committed | 23 | | on or after June 1, 2009 (the effective date of Public Act | 24 | | 95-983): | 25 | | (i) not access or use a computer or any other | 26 | | device with Internet capability without the prior |
| | | SB1843 Enrolled | - 13 - | LRB098 09873 RLC 40031 b |
|
| 1 | | written approval of the offender's probation officer, | 2 | | except in connection with the offender's employment or | 3 | | search for employment with the prior approval of the | 4 | | offender's probation officer; | 5 | | (ii) submit to periodic unannounced examinations | 6 | | of the offender's computer or any other device with | 7 | | Internet capability by the offender's probation | 8 | | officer, a law enforcement officer, or assigned | 9 | | computer or information technology specialist, | 10 | | including the retrieval and copying of all data from | 11 | | the computer or device and any internal or external | 12 | | peripherals and removal of such information, | 13 | | equipment, or device to conduct a more thorough | 14 | | inspection; | 15 | | (iii) submit to the installation on the offender's | 16 | | computer or device with Internet capability, at the | 17 | | offender's expense, of one or more hardware or software | 18 | | systems to monitor the Internet use; and | 19 | | (iv) submit to any other appropriate restrictions | 20 | | concerning the offender's use of or access to a | 21 | | computer or any other device with Internet capability | 22 | | imposed by the offender's probation officer; | 23 | | (8.9) if convicted of a sex offense as defined in the | 24 | | Sex Offender
Registration Act committed on or after January | 25 | | 1, 2010 (the effective date of Public Act 96-262), refrain | 26 | | from accessing or using a social networking website as |
| | | SB1843 Enrolled | - 14 - | LRB098 09873 RLC 40031 b |
|
| 1 | | defined in Section 17-0.5 of the Criminal Code of 2012;
| 2 | | (9) if convicted of a felony or of any misdemeanor | 3 | | violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or | 4 | | 12-3.5 of the Criminal Code of 1961 or the Criminal Code of | 5 | | 2012 that was determined, pursuant to Section 112A-11.1 of | 6 | | the Code of Criminal Procedure of 1963, to trigger the | 7 | | prohibitions of 18 U.S.C. 922(g)(9), physically surrender | 8 | | at a time and place
designated by the court, his or her | 9 | | Firearm
Owner's Identification Card and
any and all | 10 | | firearms in
his or her possession. The Court shall return | 11 | | to the Department of State Police Firearm Owner's | 12 | | Identification Card Office the person's Firearm Owner's | 13 | | Identification Card;
| 14 | | (10) if convicted of a sex offense as defined in | 15 | | subsection (a-5) of Section 3-1-2 of this Code, unless the | 16 | | offender is a parent or guardian of the person under 18 | 17 | | years of age present in the home and no non-familial minors | 18 | | are present, not participate in a holiday event involving | 19 | | children under 18 years of age, such as distributing candy | 20 | | or other items to children on Halloween, wearing a Santa | 21 | | Claus costume on or preceding Christmas, being employed as | 22 | | a department store Santa Claus, or wearing an Easter Bunny | 23 | | costume on or preceding Easter; | 24 | | (11) if convicted of a sex offense as defined in | 25 | | Section 2 of the Sex Offender Registration Act committed on | 26 | | or after January 1, 2010 (the effective date of Public Act |
| | | SB1843 Enrolled | - 15 - | LRB098 09873 RLC 40031 b |
|
| 1 | | 96-362) that requires the person to register as a sex | 2 | | offender under that Act, may not knowingly use any computer | 3 | | scrub software on any computer that the sex offender uses; | 4 | | and | 5 | | (12) if convicted of a violation of the Methamphetamine | 6 | | Control and Community Protection Act, the Methamphetamine
| 7 | | Precursor Control Act, or a methamphetamine related | 8 | | offense: | 9 | | (A) prohibited from purchasing, possessing, or | 10 | | having under his or her control any product containing | 11 | | pseudoephedrine unless prescribed by a physician; and | 12 | | (B) prohibited from purchasing, possessing, or | 13 | | having under his or her control any product containing | 14 | | ammonium nitrate. | 15 | | (b) The Court may in addition to other reasonable | 16 | | conditions relating to the
nature of the offense or the | 17 | | rehabilitation of the defendant as determined for
each | 18 | | defendant in the proper discretion of the Court require that | 19 | | the person:
| 20 | | (1) serve a term of periodic imprisonment under Article | 21 | | 7 for a
period not to exceed that specified in paragraph | 22 | | (d) of Section 5-7-1;
| 23 | | (2) pay a fine and costs;
| 24 | | (3) work or pursue a course of study or vocational | 25 | | training;
| 26 | | (4) undergo medical, psychological or psychiatric |
| | | SB1843 Enrolled | - 16 - | LRB098 09873 RLC 40031 b |
|
| 1 | | treatment; or treatment
for drug addiction or alcoholism;
| 2 | | (5) attend or reside in a facility established for the | 3 | | instruction
or residence of defendants on probation;
| 4 | | (6) support his dependents;
| 5 | | (7) and in addition, if a minor:
| 6 | | (i) reside with his parents or in a foster home;
| 7 | | (ii) attend school;
| 8 | | (iii) attend a non-residential program for youth;
| 9 | | (iv) contribute to his own support at home or in a | 10 | | foster home;
| 11 | | (v) with the consent of the superintendent of the
| 12 | | facility, attend an educational program at a facility | 13 | | other than the school
in which the
offense was | 14 | | committed if he
or she is convicted of a crime of | 15 | | violence as
defined in
Section 2 of the Crime Victims | 16 | | Compensation Act committed in a school, on the
real
| 17 | | property
comprising a school, or within 1,000 feet of | 18 | | the real property comprising a
school;
| 19 | | (8) make restitution as provided in Section 5-5-6 of | 20 | | this Code;
| 21 | | (9) perform some reasonable public or community | 22 | | service;
| 23 | | (10) serve a term of home confinement. In addition to | 24 | | any other
applicable condition of probation or conditional | 25 | | discharge, the
conditions of home confinement shall be that | 26 | | the offender:
|
| | | SB1843 Enrolled | - 17 - | LRB098 09873 RLC 40031 b |
|
| 1 | | (i) remain within the interior premises of the | 2 | | place designated for
his confinement during the hours | 3 | | designated by the court;
| 4 | | (ii) admit any person or agent designated by the | 5 | | court into the
offender's place of confinement at any | 6 | | time for purposes of verifying
the offender's | 7 | | compliance with the conditions of his confinement; and
| 8 | | (iii) if further deemed necessary by the court or | 9 | | the
Probation or
Court Services Department, be placed | 10 | | on an approved
electronic monitoring device, subject | 11 | | to Article 8A of Chapter V;
| 12 | | (iv) for persons convicted of any alcohol, | 13 | | cannabis or controlled
substance violation who are | 14 | | placed on an approved monitoring device as a
condition | 15 | | of probation or conditional discharge, the court shall | 16 | | impose a
reasonable fee for each day of the use of the | 17 | | device, as established by the
county board in | 18 | | subsection (g) of this Section, unless after | 19 | | determining the
inability of the offender to pay the | 20 | | fee, the court assesses a lesser fee or no
fee as the | 21 | | case may be. This fee shall be imposed in addition to | 22 | | the fees
imposed under subsections (g) and (i) of this | 23 | | Section. The fee shall be
collected by the clerk of the | 24 | | circuit court. The clerk of the circuit
court shall pay | 25 | | all monies collected from this fee to the county | 26 | | treasurer
for deposit in the substance abuse services |
| | | SB1843 Enrolled | - 18 - | LRB098 09873 RLC 40031 b |
|
| 1 | | fund under Section 5-1086.1 of
the Counties Code; and
| 2 | | (v) for persons convicted of offenses other than | 3 | | those referenced in
clause (iv) above and who are | 4 | | placed on an approved monitoring device as a
condition | 5 | | of probation or conditional discharge, the court shall | 6 | | impose
a reasonable fee for each day of the use of the | 7 | | device, as established by the
county board in | 8 | | subsection (g) of this Section, unless after | 9 | | determining the
inability of the defendant to pay the | 10 | | fee, the court assesses a lesser fee or
no fee as the | 11 | | case may be. This fee shall be imposed in addition to | 12 | | the fees
imposed under subsections (g) and (i) of this | 13 | | Section. The fee
shall be collected by the clerk of the | 14 | | circuit court. The clerk of the circuit
court shall pay | 15 | | all monies collected from this fee
to the county | 16 | | treasurer who shall use the monies collected to defray | 17 | | the
costs of corrections. The county treasurer shall | 18 | | deposit the fee
collected in the probation and court | 19 | | services fund.
| 20 | | (11) comply with the terms and conditions of an order | 21 | | of protection issued
by the court pursuant to the Illinois | 22 | | Domestic Violence Act of 1986,
as now or hereafter amended, | 23 | | or an order of protection issued by the court of
another | 24 | | state, tribe, or United States territory. A copy of the | 25 | | order of
protection shall be
transmitted to the probation | 26 | | officer or agency
having responsibility for the case;
|
| | | SB1843 Enrolled | - 19 - | LRB098 09873 RLC 40031 b |
|
| 1 | | (12) reimburse any "local anti-crime program" as | 2 | | defined in Section 7
of the Anti-Crime Advisory Council Act | 3 | | for any reasonable expenses incurred
by the program on the | 4 | | offender's case, not to exceed the maximum amount of
the | 5 | | fine authorized for the offense for which the defendant was | 6 | | sentenced;
| 7 | | (13) contribute a reasonable sum of money, not to | 8 | | exceed the maximum
amount of the fine authorized for the
| 9 | | offense for which the defendant was sentenced, (i) to a | 10 | | "local anti-crime
program", as defined in Section 7 of the | 11 | | Anti-Crime Advisory Council Act, or (ii) for offenses under | 12 | | the jurisdiction of the Department of Natural Resources, to | 13 | | the fund established by the Department of Natural Resources | 14 | | for the purchase of evidence for investigation purposes and | 15 | | to conduct investigations as outlined in Section 805-105 of | 16 | | the Department of Natural Resources (Conservation) Law;
| 17 | | (14) refrain from entering into a designated | 18 | | geographic area except upon
such terms as the court finds | 19 | | appropriate. Such terms may include
consideration of the | 20 | | purpose of the entry, the time of day, other persons
| 21 | | accompanying the defendant, and advance approval by a
| 22 | | probation officer, if
the defendant has been placed on | 23 | | probation or advance approval by the
court, if the | 24 | | defendant was placed on conditional discharge;
| 25 | | (15) refrain from having any contact, directly or | 26 | | indirectly, with
certain specified persons or particular |
| | | SB1843 Enrolled | - 20 - | LRB098 09873 RLC 40031 b |
|
| 1 | | types of persons, including but not
limited to members of | 2 | | street gangs and drug users or dealers;
| 3 | | (16) refrain from having in his or her body the | 4 | | presence of any illicit
drug prohibited by the Cannabis | 5 | | Control Act, the Illinois Controlled
Substances Act, or the | 6 | | Methamphetamine Control and Community Protection Act, | 7 | | unless prescribed by a physician, and submit samples of
his | 8 | | or her blood or urine or both for tests to determine the | 9 | | presence of any
illicit drug;
| 10 | | (17) if convicted for an offense committed on or after | 11 | | June 1, 2008 (the effective date of Public Act 95-464) that | 12 | | would qualify the accused as a child sex offender as | 13 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | 14 | | 1961 or the Criminal Code of 2012, refrain from | 15 | | communicating with or contacting, by means of the Internet, | 16 | | a person who is related to the accused and whom the accused | 17 | | reasonably believes to be under 18 years of age; for | 18 | | purposes of this paragraph (17), "Internet" has the meaning | 19 | | ascribed to it in Section 16-0.1 of the Criminal Code of | 20 | | 2012; and a person is related to the accused if the person | 21 | | is: (i) the spouse, brother, or sister of the accused; (ii) | 22 | | a descendant of the accused; (iii) a first or second cousin | 23 | | of the accused; or (iv) a step-child or adopted child of | 24 | | the accused; | 25 | | (18) if convicted for an offense committed on or after | 26 | | June 1, 2009 (the effective date of Public Act 95-983) that |
| | | SB1843 Enrolled | - 21 - | LRB098 09873 RLC 40031 b |
|
| 1 | | would qualify as a sex offense as defined in the Sex | 2 | | Offender Registration Act: | 3 | | (i) not access or use a computer or any other | 4 | | device with Internet capability without the prior | 5 | | written approval of the offender's probation officer, | 6 | | except in connection with the offender's employment or | 7 | | search for employment with the prior approval of the | 8 | | offender's probation officer; | 9 | | (ii) submit to periodic unannounced examinations | 10 | | of the offender's computer or any other device with | 11 | | Internet capability by the offender's probation | 12 | | officer, a law enforcement officer, or assigned | 13 | | computer or information technology specialist, | 14 | | including the retrieval and copying of all data from | 15 | | the computer or device and any internal or external | 16 | | peripherals and removal of such information, | 17 | | equipment, or device to conduct a more thorough | 18 | | inspection; | 19 | | (iii) submit to the installation on the offender's | 20 | | computer or device with Internet capability, at the | 21 | | subject's expense, of one or more hardware or software | 22 | | systems to monitor the Internet use; and | 23 | | (iv) submit to any other appropriate restrictions | 24 | | concerning the offender's use of or access to a | 25 | | computer or any other device with Internet capability | 26 | | imposed by the offender's probation officer; and |
| | | SB1843 Enrolled | - 22 - | LRB098 09873 RLC 40031 b |
|
| 1 | | (19) refrain from possessing a firearm or other | 2 | | dangerous weapon where the offense is a misdemeanor that | 3 | | did not involve the intentional or knowing infliction of | 4 | | bodily harm or threat of bodily harm. | 5 | | (c) The court may as a condition of probation or of | 6 | | conditional
discharge require that a person under 18 years of | 7 | | age found guilty of any
alcohol, cannabis or controlled | 8 | | substance violation, refrain from acquiring
a driver's license | 9 | | during
the period of probation or conditional discharge. If | 10 | | such person
is in possession of a permit or license, the court | 11 | | may require that
the minor refrain from driving or operating | 12 | | any motor vehicle during the
period of probation or conditional | 13 | | discharge, except as may be necessary in
the course of the | 14 | | minor's lawful employment.
| 15 | | (d) An offender sentenced to probation or to conditional | 16 | | discharge
shall be given a certificate setting forth the | 17 | | conditions thereof.
| 18 | | (e) Except where the offender has committed a fourth or | 19 | | subsequent
violation of subsection (c) of Section 6-303 of the | 20 | | Illinois Vehicle Code,
the court shall not require as a | 21 | | condition of the sentence of
probation or conditional discharge | 22 | | that the offender be committed to a
period of imprisonment in | 23 | | excess of 6 months.
This 6 month limit shall not include | 24 | | periods of confinement given pursuant to
a sentence of county | 25 | | impact incarceration under Section 5-8-1.2.
| 26 | | Persons committed to imprisonment as a condition of |
| | | SB1843 Enrolled | - 23 - | LRB098 09873 RLC 40031 b |
|
| 1 | | probation or
conditional discharge shall not be committed to | 2 | | the Department of
Corrections.
| 3 | | (f) The court may combine a sentence of periodic | 4 | | imprisonment under
Article 7 or a sentence to a county impact | 5 | | incarceration program under
Article 8 with a sentence of | 6 | | probation or conditional discharge.
| 7 | | (g) An offender sentenced to probation or to conditional | 8 | | discharge and
who during the term of either undergoes mandatory | 9 | | drug or alcohol testing,
or both, or is assigned to be placed | 10 | | on an approved electronic monitoring
device, shall be ordered | 11 | | to pay all costs incidental to such mandatory drug
or alcohol | 12 | | testing, or both, and all costs
incidental to such approved | 13 | | electronic monitoring in accordance with the
defendant's | 14 | | ability to pay those costs. The county board with
the | 15 | | concurrence of the Chief Judge of the judicial
circuit in which | 16 | | the county is located shall establish reasonable fees for
the | 17 | | cost of maintenance, testing, and incidental expenses related | 18 | | to the
mandatory drug or alcohol testing, or both, and all | 19 | | costs incidental to
approved electronic monitoring, involved | 20 | | in a successful probation program
for the county. The | 21 | | concurrence of the Chief Judge shall be in the form of
an | 22 | | administrative order.
The fees shall be collected by the clerk | 23 | | of the circuit court. The clerk of
the circuit court shall pay | 24 | | all moneys collected from these fees to the county
treasurer | 25 | | who shall use the moneys collected to defray the costs of
drug | 26 | | testing, alcohol testing, and electronic monitoring.
The |
| | | SB1843 Enrolled | - 24 - | LRB098 09873 RLC 40031 b |
|
| 1 | | county treasurer shall deposit the fees collected in the
county | 2 | | working cash fund under Section 6-27001 or Section 6-29002 of | 3 | | the
Counties Code, as the case may be.
| 4 | | (h) Jurisdiction over an offender may be transferred from | 5 | | the
sentencing court to the court of another circuit with the | 6 | | concurrence of
both courts. Further transfers or retransfers of
| 7 | | jurisdiction are also
authorized in the same manner. The court | 8 | | to which jurisdiction has been
transferred shall have the same | 9 | | powers as the sentencing court.
The probation department within | 10 | | the circuit to which jurisdiction has been transferred , or | 11 | | which has agreed to provide supervision, may impose probation | 12 | | fees upon receiving the transferred offender, as provided in | 13 | | subsection (i). For all transfer cases, as defined in Section | 14 | | 9b of the Probation and Probation Officers Act, the The | 15 | | probation department from the original sentencing court shall | 16 | | retain all probation fees collected prior to the transfer . | 17 | | After the transfer
all probation fees shall be paid to the | 18 | | probation department within the
circuit to which jurisdiction | 19 | | has been transferred .
| 20 | | (i) The court shall impose upon an offender
sentenced to | 21 | | probation after January 1, 1989 or to conditional discharge
| 22 | | after January 1, 1992 or to community service under the | 23 | | supervision of a
probation or court services department after | 24 | | January 1, 2004, as a condition of such probation or | 25 | | conditional
discharge or supervised community service, a fee of | 26 | | $50
for each month of probation or
conditional
discharge |
| | | SB1843 Enrolled | - 25 - | LRB098 09873 RLC 40031 b |
|
| 1 | | supervision or supervised community service ordered by the | 2 | | court, unless after
determining the inability of the person | 3 | | sentenced to probation or conditional
discharge or supervised | 4 | | community service to pay the
fee, the court assesses a lesser | 5 | | fee. The court may not impose the fee on a
minor who is made a | 6 | | ward of the State under the Juvenile Court Act of 1987
while | 7 | | the minor is in placement.
The fee shall be imposed only upon
| 8 | | an offender who is actively supervised by the
probation and | 9 | | court services
department. The fee shall be collected by the | 10 | | clerk
of the circuit court. The clerk of the circuit court | 11 | | shall pay all monies
collected from this fee to the county | 12 | | treasurer for deposit in the
probation and court services fund | 13 | | under Section 15.1 of the
Probation and Probation Officers Act.
| 14 | | A circuit court may not impose a probation fee under this | 15 | | subsection (i) in excess of $25
per month unless the circuit | 16 | | court has adopted, by administrative
order issued by the chief | 17 | | judge, a standard probation fee guide
determining an offender's | 18 | | ability to pay Of the
amount collected as a probation fee, up | 19 | | to $5 of that fee
collected per month may be used to provide | 20 | | services to crime victims
and their families. | 21 | | The Court may only waive probation fees based on an | 22 | | offender's ability to pay. The probation department may | 23 | | re-evaluate an offender's ability to pay every 6 months, and, | 24 | | with the approval of the Director of Court Services or the | 25 | | Chief Probation Officer, adjust the monthly fee amount. An | 26 | | offender may elect to pay probation fees due in a lump sum.
Any |
| | | SB1843 Enrolled | - 26 - | LRB098 09873 RLC 40031 b |
|
| 1 | | offender that has been assigned to the supervision of a | 2 | | probation department, or has been transferred either under | 3 | | subsection (h) of this Section or under any interstate compact, | 4 | | shall be required to pay probation fees to the department | 5 | | supervising the offender, based on the offender's ability to | 6 | | pay.
| 7 | | This amendatory Act of the 93rd General Assembly deletes | 8 | | the $10 increase in the fee under this subsection that was | 9 | | imposed by Public Act 93-616. This deletion is intended to | 10 | | control over any other Act of the 93rd General Assembly that | 11 | | retains or incorporates that fee increase. | 12 | | (i-5) In addition to the fees imposed under subsection (i) | 13 | | of this Section, in the case of an offender convicted of a | 14 | | felony sex offense (as defined in the Sex Offender Management | 15 | | Board Act) or an offense that the court or probation department | 16 | | has determined to be sexually motivated (as defined in the Sex | 17 | | Offender Management Board Act), the court or the probation | 18 | | department shall assess additional fees to pay for all costs of | 19 | | treatment, assessment, evaluation for risk and treatment, and | 20 | | monitoring the offender, based on that offender's ability to | 21 | | pay those costs either as they occur or under a payment plan. | 22 | | (j) All fines and costs imposed under this Section for any | 23 | | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | 24 | | Code, or a similar
provision of a local ordinance, and any | 25 | | violation of the Child Passenger
Protection Act, or a similar | 26 | | provision of a local ordinance, shall be
collected and |
| | | SB1843 Enrolled | - 27 - | LRB098 09873 RLC 40031 b |
|
| 1 | | disbursed by the circuit clerk as provided under Section 27.5
| 2 | | of the Clerks of Courts Act.
| 3 | | (k) Any offender who is sentenced to probation or | 4 | | conditional discharge for a felony sex offense as defined in | 5 | | the Sex Offender Management Board Act or any offense that the | 6 | | court or probation department has determined to be sexually | 7 | | motivated as defined in the Sex Offender Management Board Act | 8 | | shall be required to refrain from any contact, directly or | 9 | | indirectly, with any persons specified by the court and shall | 10 | | be available for all evaluations and treatment programs | 11 | | required by the court or the probation department.
| 12 | | (l) The court may order an offender who is sentenced to | 13 | | probation or conditional
discharge for a violation of an order | 14 | | of protection be placed under electronic surveillance as | 15 | | provided in Section 5-8A-7 of this Code. | 16 | | (Source: P.A. 96-262, eff. 1-1-10; 96-328, eff. 8-11-09; | 17 | | 96-362, eff. 1-1-10; 96-695, eff. 8-25-09; 96-1000, eff. | 18 | | 7-2-10; 96-1414, eff. 1-1-11; 96-1551, Article 2, Section 1065, | 19 | | eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11; | 20 | | 97-454, eff. 1-1-12; 97-560, eff. 1-1-12; 97-597, eff. 1-1-12; | 21 | | 97-1109, eff. 1-1-13; 97-1131, eff. 1-1-13; 97-1150, eff. | 22 | | 1-25-13.) | 23 | | Section 5. The Probation and Probation Officers Act is | 24 | | amended by changing Section 9b as follows:
|
| | | SB1843 Enrolled | - 28 - | LRB098 09873 RLC 40031 b |
|
| 1 | | (730 ILCS 110/9b) (from Ch. 38, par. 204-1b)
| 2 | | Sec. 9b.
For the purposes of this Act, the words and | 3 | | phrases
described in this Section have the meanings designated | 4 | | in this Section,
except when a particular context clearly | 5 | | requires a different meaning.
| 6 | | (1) "Division" means the Division of Probation
Services of | 7 | | the
Supreme Court.
| 8 | | (2) "Department" means a probation or court
services | 9 | | department that
provides probation or court services and such
| 10 | | other related services
assigned to it by the circuit court or | 11 | | by law.
| 12 | | (3) "Probation Officer" means a person
employed full time | 13 | | in a probation
or court services department providing services | 14 | | to a court under this Act
or the Juvenile Court Act of 1987. A | 15 | | probation
officer includes detention
staff, non-secure group | 16 | | home staff and management personnel who meet
minimum standards | 17 | | established by the Supreme
Court and who are hired under the | 18 | | direction of the circuit court. These
probation officers are | 19 | | judicial employees
designated on a circuit wide or
county basis | 20 | | and compensated by the appropriate county board or boards.
| 21 | | (4) "Basic Services" means the number of personnel | 22 | | determined by the
Division as necessary to comply with adult, | 23 | | juvenile, and
detention services workload standards
and to | 24 | | operate authorized programs of intermediate sanctions, | 25 | | intensive
probation
supervision,
public or community service, | 26 | | intake services, secure detention services,
non-secure group |
| | | SB1843 Enrolled | - 29 - | LRB098 09873 RLC 40031 b |
|
| 1 | | home services and home confinement.
| 2 | | (5) "New or Expanded Services" means personnel necessary to | 3 | | operate
pretrial programs, victim and restitution programs, | 4 | | psychological services,
drunk driving programs, specialized | 5 | | caseloads, community resource
coordination programs, and other | 6 | | programs designed to generally improve the
quality of probation | 7 | | and court services.
| 8 | | (6) "Individualized Services and Programs" means | 9 | | individualized services
provided through purchase of service | 10 | | agreements with individuals,
specialists, and local public or | 11 | | private agencies providing non-residential
services for the | 12 | | rehabilitation of adult and juvenile offenders as an
| 13 | | alternative to local or state incarceration.
| 14 | | (7) "Jurisdiction" means the geographical area of | 15 | | authority of a
probation department as designated by the chief | 16 | | judge of
each circuit court under Section 15 of this Act.
| 17 | | (8) "Transfer case" means any case where an adult or | 18 | | juvenile offender seeks to have supervision transferred from | 19 | | one county to another or from another state to a county in | 20 | | Illinois, and the transfer is approved by a judicial officer, a | 21 | | department, or through an interstate compact. | 22 | | (Source: P.A. 89-198, eff. 7-21-95.)
|
|