Full Text of SB1886 103rd General Assembly
SB1886enr 103RD GENERAL ASSEMBLY |
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| 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 5. The Unified Code of Corrections is amended by | 5 | | changing Section 5-6-3 as follows: | 6 | | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) | 7 | | Sec. 5-6-3. Conditions of probation and of conditional | 8 | | discharge.
| 9 | | (a) The conditions of probation and of conditional | 10 | | discharge shall be
that the person:
| 11 | | (1) not violate any criminal statute of any | 12 | | jurisdiction;
| 13 | | (2) report to or appear in person before such person | 14 | | or agency as
directed by the court;
| 15 | | (3) refrain from possessing a firearm or other | 16 | | dangerous weapon where the offense is a felony or, if a | 17 | | misdemeanor, the offense involved the intentional or | 18 | | knowing infliction of bodily harm or threat of bodily | 19 | | harm;
| 20 | | (4) not leave the State without the consent of the | 21 | | court or, in
circumstances in which the reason for the | 22 | | absence is of such an emergency
nature that prior consent | 23 | | by the court is not possible, without the prior
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| 1 | | notification and approval of the person's probation
| 2 | | officer. Transfer of a person's probation or conditional | 3 | | discharge
supervision to another state is subject to | 4 | | acceptance by the other state
pursuant to the Interstate | 5 | | Compact for Adult Offender Supervision;
| 6 | | (5) permit the probation officer to visit
him at his | 7 | | home or elsewhere
to the extent necessary to discharge his | 8 | | duties;
| 9 | | (6) perform no less than 30 hours of community service | 10 | | and not more than
120 hours of community service, if | 11 | | community service is available in the
jurisdiction and is | 12 | | funded and approved by the county board where the offense
| 13 | | was committed, where the offense was related to or in | 14 | | furtherance of the
criminal activities of an organized | 15 | | gang and was motivated by the offender's
membership in or | 16 | | allegiance to an organized gang. The community service | 17 | | shall
include, but not be limited to, the cleanup and | 18 | | repair of any damage caused by
a violation of Section | 19 | | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of | 20 | | 2012 and similar damage
to property located within the | 21 | | municipality or county in which the violation
occurred. | 22 | | When possible and reasonable, the community service should | 23 | | be
performed in the offender's neighborhood. For purposes | 24 | | of this Section,
"organized gang" has the meaning ascribed | 25 | | to it in Section 10 of the Illinois
Streetgang Terrorism | 26 | | Omnibus Prevention Act. The court may give credit toward |
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| 1 | | the fulfillment of community service hours for | 2 | | participation in activities and treatment as determined by | 3 | | court services;
| 4 | | (7) if he or she is at least 17 years of age and has | 5 | | been sentenced to
probation or conditional discharge for a | 6 | | misdemeanor or felony in a county of
3,000,000 or more | 7 | | inhabitants and has not been previously convicted of a
| 8 | | misdemeanor or felony, may be required by the sentencing | 9 | | court to attend
educational courses designed to prepare | 10 | | the defendant for a high school diploma
and to work toward | 11 | | a high school diploma or to work toward passing high | 12 | | school equivalency testing or to work toward
completing a | 13 | | vocational training program approved by the court. The | 14 | | person on
probation or conditional discharge must attend a | 15 | | public institution of
education to obtain the educational | 16 | | or vocational training required by this paragraph
(7). The | 17 | | court shall revoke the probation or conditional discharge | 18 | | of a
person who willfully fails to comply with this | 19 | | paragraph (7). The person on
probation or conditional | 20 | | discharge shall be required to pay for the cost of the
| 21 | | educational courses or high school equivalency testing if | 22 | | a fee is charged for those courses or testing. The court | 23 | | shall resentence the offender whose probation or | 24 | | conditional
discharge has been revoked as provided in | 25 | | Section 5-6-4. This paragraph (7) does
not apply to a | 26 | | person who has a high school diploma or has successfully |
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| 1 | | passed high school equivalency testing. This paragraph (7) | 2 | | does not apply to a person who is determined by
the court | 3 | | to be a person with a developmental disability or | 4 | | otherwise mentally incapable of
completing the educational | 5 | | or vocational program;
| 6 | | (8) if convicted of possession of a substance | 7 | | prohibited
by the Cannabis Control Act, the Illinois | 8 | | Controlled Substances Act, or the Methamphetamine Control | 9 | | and Community Protection Act
after a previous conviction | 10 | | or disposition of supervision for possession of a
| 11 | | substance prohibited by the Cannabis Control Act or | 12 | | Illinois Controlled
Substances Act or after a sentence of | 13 | | probation under Section 10 of the
Cannabis
Control Act, | 14 | | Section 410 of the Illinois Controlled Substances Act, or | 15 | | Section 70 of the Methamphetamine Control and Community | 16 | | Protection Act and upon a
finding by the court that the | 17 | | person is addicted, undergo treatment at a
substance abuse | 18 | | program approved by the court;
| 19 | | (8.5) if convicted of a felony sex offense as defined | 20 | | in the Sex
Offender
Management Board Act, the person shall | 21 | | undergo and successfully complete sex
offender treatment | 22 | | by a treatment provider approved by the Board and | 23 | | conducted
in conformance with the standards developed | 24 | | under the Sex
Offender Management Board Act;
| 25 | | (8.6) if convicted of a sex offense as defined in the | 26 | | Sex Offender Management Board Act, refrain from residing |
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| 1 | | at the same address or in the same condominium unit or | 2 | | apartment unit or in the same condominium complex or | 3 | | apartment complex with another person he or she knows or | 4 | | reasonably should know is a convicted sex offender or has | 5 | | been placed on supervision for a sex offense; the | 6 | | provisions of this paragraph do not apply to a person | 7 | | convicted of a sex offense who is placed in a Department of | 8 | | Corrections licensed transitional housing facility for sex | 9 | | offenders; | 10 | | (8.7) if convicted for an offense committed on or | 11 | | after June 1, 2008 (the effective date of Public Act | 12 | | 95-464) that would qualify the accused as a child sex | 13 | | offender as defined in Section 11-9.3 or 11-9.4 of the | 14 | | Criminal Code of 1961 or the Criminal Code of 2012, | 15 | | refrain from communicating with or contacting, by means of | 16 | | the Internet, a person who is not related to the accused | 17 | | and whom the accused reasonably believes to be under 18 | 18 | | years of age; for purposes of this paragraph (8.7), | 19 | | "Internet" has the meaning ascribed to it in Section | 20 | | 16-0.1 of the Criminal Code of 2012; and a person is not | 21 | | related to the accused if the person is not: (i) the | 22 | | spouse, brother, or sister of the accused; (ii) a | 23 | | descendant of the accused; (iii) a first or second cousin | 24 | | of the accused; or (iv) a step-child or adopted child of | 25 | | 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 | 26 | | software 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 | 7 | | January 1, 2010 (the effective date of Public Act 96-262), | 8 | | refrain from accessing or using a social networking | 9 | | website as defined in Section 17-0.5 of the Criminal Code | 10 | | of 2012;
| 11 | | (9) if convicted of a felony or of any misdemeanor | 12 | | violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or | 13 | | 12-3.5 of the Criminal Code of 1961 or the Criminal Code of | 14 | | 2012 that was determined, pursuant to Section 112A-11.1 of | 15 | | the Code of Criminal Procedure of 1963, to trigger the | 16 | | prohibitions of 18 U.S.C. 922(g)(9), physically surrender | 17 | | at a time and place
designated by the court, his or her | 18 | | Firearm
Owner's Identification Card and
any and all | 19 | | firearms in
his or her possession. The Court shall return | 20 | | to the Illinois State Police Firearm Owner's | 21 | | Identification Card Office the person's Firearm Owner's | 22 | | Identification Card;
| 23 | | (10) if convicted of a sex offense as defined in | 24 | | subsection (a-5) of Section 3-1-2 of this Code, unless the | 25 | | offender is a parent or guardian of the person under 18 | 26 | | years of age present in the home and no non-familial |
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| 1 | | minors are present, not participate in a holiday event | 2 | | involving children under 18 years of age, such as | 3 | | distributing candy or other items to children on | 4 | | Halloween, wearing a Santa Claus costume on or preceding | 5 | | Christmas, being employed as a department store Santa | 6 | | Claus, or wearing an Easter Bunny costume on or preceding | 7 | | Easter; | 8 | | (11) if convicted of a sex offense as defined in | 9 | | Section 2 of the Sex Offender Registration Act committed | 10 | | on or after January 1, 2010 (the effective date of Public | 11 | | Act 96-362) that requires the person to register as a sex | 12 | | offender under that Act, may not knowingly use any | 13 | | computer scrub software on any computer that the sex | 14 | | offender uses; | 15 | | (12) if convicted of a violation of the | 16 | | Methamphetamine Control and Community Protection Act, the | 17 | | Methamphetamine
Precursor Control Act, or a | 18 | | methamphetamine related offense: | 19 | | (A) prohibited from purchasing, possessing, or | 20 | | having under his or her control any product containing | 21 | | pseudoephedrine unless prescribed by a physician; and | 22 | | (B) prohibited from purchasing, possessing, or | 23 | | having under his or her control any product containing | 24 | | ammonium nitrate; and | 25 | | (13) if convicted of a hate crime involving the | 26 | | protected class identified in subsection (a) of Section |
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| 1 | | 12-7.1 of the Criminal Code of 2012 that gave rise to the | 2 | | offense the offender committed, perform public or | 3 | | community service of no less than 200 hours and enroll in | 4 | | an educational program discouraging hate crimes that | 5 | | includes racial, ethnic, and cultural sensitivity training | 6 | | ordered by the court. | 7 | | (b) The Court may in addition to other reasonable | 8 | | conditions relating to the
nature of the offense or the | 9 | | rehabilitation of the defendant as determined for
each | 10 | | defendant in the proper discretion of the Court require that | 11 | | the person:
| 12 | | (1) serve a term of periodic imprisonment under | 13 | | Article 7 for a
period not to exceed that specified in | 14 | | paragraph (d) of Section 5-7-1;
| 15 | | (2) pay a fine and costs;
| 16 | | (3) work or pursue a course of study or vocational | 17 | | training;
| 18 | | (4) undergo medical, psychological or psychiatric | 19 | | treatment; or treatment
for drug addiction or alcoholism;
| 20 | | (5) attend or reside in a facility established for the | 21 | | instruction
or residence of defendants on probation;
| 22 | | (6) support his dependents;
| 23 | | (7) and in addition, if a minor:
| 24 | | (i) reside with his parents or in a foster home;
| 25 | | (ii) attend school;
| 26 | | (iii) attend a non-residential program for youth;
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| 1 | | (iv) contribute to his own support at home or in a | 2 | | foster home;
| 3 | | (v) with the consent of the superintendent of the
| 4 | | facility, attend an educational program at a facility | 5 | | other than the school
in which the
offense was | 6 | | committed if he
or she is convicted of a crime of | 7 | | violence as
defined in
Section 2 of the Crime Victims | 8 | | Compensation Act committed in a school, on the
real
| 9 | | property
comprising a school, or within 1,000 feet of | 10 | | the real property comprising a
school;
| 11 | | (8) make restitution as provided in Section 5-5-6 of | 12 | | this Code;
| 13 | | (9) perform some reasonable public or community | 14 | | service;
| 15 | | (10) serve a term of home confinement. In addition to | 16 | | any other
applicable condition of probation or conditional | 17 | | discharge, the
conditions of home confinement shall be | 18 | | that the offender:
| 19 | | (i) remain within the interior premises of the | 20 | | place designated for
his confinement during the hours | 21 | | designated by the court;
| 22 | | (ii) admit any person or agent designated by the | 23 | | court into the
offender's place of confinement at any | 24 | | time for purposes of verifying
the offender's | 25 | | compliance with the conditions of his confinement; and
| 26 | | (iii) if further deemed necessary by the court or |
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| 1 | | the
Probation or
Court Services Department, be placed | 2 | | on an approved
electronic monitoring device, subject | 3 | | to Article 8A of Chapter V;
| 4 | | (iv) for persons convicted of any alcohol, | 5 | | cannabis or controlled
substance violation who are | 6 | | placed on an approved monitoring device as a
condition | 7 | | of probation or conditional discharge, the court shall | 8 | | impose a
reasonable fee for each day of the use of the | 9 | | device, as established by the
county board in | 10 | | subsection (g) of this Section, unless after | 11 | | determining the
inability of the offender to pay the | 12 | | fee, the court assesses a lesser fee or no
fee as the | 13 | | case may be. This fee shall be imposed in addition to | 14 | | the fees
imposed under subsections (g) and (i) of this | 15 | | Section. The fee shall be
collected by the clerk of the | 16 | | circuit court, except as provided in an administrative | 17 | | order of the Chief Judge of the circuit court. The | 18 | | clerk of the circuit
court shall pay all monies | 19 | | collected from this fee to the county treasurer
for | 20 | | deposit in the substance abuse services fund under | 21 | | Section 5-1086.1 of
the Counties Code, except as | 22 | | provided in an administrative order of the Chief Judge | 23 | | of the circuit court. | 24 | | The Chief Judge of the circuit court of the county | 25 | | may by administrative order establish a program for | 26 | | electronic monitoring of offenders, in which a vendor |
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| 1 | | supplies and monitors the operation of the electronic | 2 | | monitoring device, and collects the fees on behalf of | 3 | | the county. The program shall include provisions for | 4 | | indigent offenders and the collection of unpaid fees. | 5 | | The program shall not unduly burden the offender and | 6 | | shall be subject to review by the Chief Judge. | 7 | | The Chief Judge of the circuit court may suspend | 8 | | any additional charges or fees for late payment, | 9 | | interest, or damage to any device; and
| 10 | | (v) for persons convicted of offenses other than | 11 | | those referenced in
clause (iv) above and who are | 12 | | placed on an approved monitoring device as a
condition | 13 | | of probation or conditional discharge, the court shall | 14 | | impose
a reasonable fee for each day of the use of the | 15 | | device, as established by the
county board in | 16 | | subsection (g) of this Section, unless after | 17 | | determining the
inability of the defendant to pay the | 18 | | fee, the court assesses a lesser fee or
no fee as the | 19 | | case may be. This fee shall be imposed in addition to | 20 | | the fees
imposed under subsections (g) and (i) of this | 21 | | Section. The fee
shall be collected by the clerk of the | 22 | | circuit court, except as provided in an administrative | 23 | | order of the Chief Judge of the circuit court. The | 24 | | clerk of the circuit
court shall pay all monies | 25 | | collected from this fee
to the county treasurer who | 26 | | shall use the monies collected to defray the
costs of |
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| 1 | | corrections. The county treasurer shall deposit the | 2 | | fee
collected in the probation and court services | 3 | | fund.
The Chief Judge of the circuit court of the | 4 | | county may by administrative order establish a program | 5 | | for electronic monitoring of offenders, in which a | 6 | | vendor supplies and monitors the operation of the | 7 | | electronic monitoring device, and collects the fees on | 8 | | behalf of the county. The program shall include | 9 | | provisions for indigent offenders and the collection | 10 | | of unpaid fees. The program shall not unduly burden | 11 | | the offender and shall be subject to review by the | 12 | | Chief Judge.
| 13 | | The Chief Judge of the circuit court may suspend | 14 | | any additional charges or fees for late payment, | 15 | | interest, or damage to any device. | 16 | | (11) comply with the terms and conditions of an order | 17 | | of protection issued
by the court pursuant to the Illinois | 18 | | Domestic Violence Act of 1986,
as now or hereafter | 19 | | amended, or an order of protection issued by the court of
| 20 | | another state, tribe, or United States territory. A copy | 21 | | of the order of
protection shall be
transmitted to the | 22 | | probation officer or agency
having responsibility for the | 23 | | case;
| 24 | | (12) reimburse any "local anti-crime program" as | 25 | | defined in Section 7
of the Anti-Crime Advisory Council | 26 | | Act for any reasonable expenses incurred
by the program on |
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| 1 | | the offender's case, not to exceed the maximum amount of
| 2 | | the fine authorized for the offense for which the | 3 | | defendant was sentenced;
| 4 | | (13) contribute a reasonable sum of money, not to | 5 | | exceed the maximum
amount of the fine authorized for the
| 6 | | offense for which the defendant was sentenced, (i) to a | 7 | | "local anti-crime
program", as defined in Section 7 of the | 8 | | Anti-Crime Advisory Council Act, or (ii) for offenses | 9 | | under the jurisdiction of the Department of Natural | 10 | | Resources, to the fund established by the Department of | 11 | | Natural Resources for the purchase of evidence for | 12 | | investigation purposes and to conduct investigations as | 13 | | outlined in Section 805-105 of the Department of Natural | 14 | | Resources (Conservation) Law;
| 15 | | (14) refrain from entering into a designated | 16 | | geographic area except upon
such terms as the court finds | 17 | | appropriate. Such terms may include
consideration of the | 18 | | purpose of the entry, the time of day, other persons
| 19 | | accompanying the defendant, and advance approval by a
| 20 | | probation officer, if
the defendant has been placed on | 21 | | probation or advance approval by the
court, if the | 22 | | defendant was placed on conditional discharge;
| 23 | | (15) refrain from having any contact, directly or | 24 | | indirectly, with
certain specified persons or particular | 25 | | types of persons, including but not
limited to members of | 26 | | street gangs and drug users or dealers;
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| 1 | | (16) refrain from having in his or her body the | 2 | | presence of any illicit
drug prohibited by the Cannabis | 3 | | Control Act, the Illinois Controlled
Substances Act , or | 4 | | the Methamphetamine Control and Community Protection Act, | 5 | | unless prescribed by a physician, and submit samples of
| 6 | | his or her blood or urine or both for tests to determine | 7 | | the presence of any
illicit drug;
| 8 | | (17) if convicted for an offense committed on or after | 9 | | June 1, 2008 (the effective date of Public Act 95-464) | 10 | | that would qualify the accused as a child sex offender as | 11 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code | 12 | | of 1961 or the Criminal Code of 2012, refrain from | 13 | | communicating with or contacting, by means of the | 14 | | Internet, a person who is related to the accused and whom | 15 | | the accused reasonably believes to be under 18 years of | 16 | | age; for purposes of this paragraph (17), "Internet" has | 17 | | the meaning ascribed to it in Section 16-0.1 of the | 18 | | Criminal Code of 2012; and a person is related to the | 19 | | accused if the person is: (i) the spouse, brother, or | 20 | | sister of the accused; (ii) a descendant of the accused; | 21 | | (iii) a first or second cousin of the accused; or (iv) a | 22 | | step-child or adopted child of the accused; | 23 | | (18) if convicted for an offense committed on or after | 24 | | June 1, 2009 (the effective date of Public Act 95-983) | 25 | | that would qualify as a sex offense as defined in the Sex | 26 | | Offender Registration Act: |
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| 1 | | (i) not access or use a computer or any other | 2 | | device with Internet capability without the prior | 3 | | written approval of the offender's probation officer, | 4 | | except in connection with the offender's employment or | 5 | | search for employment with the prior approval of the | 6 | | offender's probation officer; | 7 | | (ii) submit to periodic unannounced examinations | 8 | | of the offender's computer or any other device with | 9 | | Internet capability by the offender's probation | 10 | | officer, a law enforcement officer, or assigned | 11 | | computer or information technology specialist, | 12 | | including the retrieval and copying of all data from | 13 | | the computer or device and any internal or external | 14 | | peripherals and removal of such information, | 15 | | equipment, or device to conduct a more thorough | 16 | | inspection; | 17 | | (iii) submit to the installation on the offender's | 18 | | computer or device with Internet capability, at the | 19 | | subject's expense, of one or more hardware or software | 20 | | systems to monitor the Internet use; and | 21 | | (iv) submit to any other appropriate restrictions | 22 | | concerning the offender's use of or access to a | 23 | | computer or any other device with Internet capability | 24 | | imposed by the offender's probation officer; and | 25 | | (19) refrain from possessing a firearm or other | 26 | | dangerous weapon where the offense is a misdemeanor that |
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| 1 | | did not involve the intentional or knowing infliction of | 2 | | bodily harm or threat of bodily harm. | 3 | | (c) The court may as a condition of probation or of | 4 | | conditional
discharge require that a person under 18 years of | 5 | | age found guilty of any
alcohol, cannabis or controlled | 6 | | substance violation, refrain from acquiring
a driver's license | 7 | | during
the period of probation or conditional discharge. If | 8 | | such person
is in possession of a permit or license, the court | 9 | | may require that
the minor refrain from driving or operating | 10 | | any motor vehicle during the
period of probation or | 11 | | conditional discharge, except as may be necessary in
the | 12 | | course of the minor's lawful employment.
| 13 | | (d) An offender sentenced to probation or to conditional | 14 | | discharge
shall be given a certificate setting forth the | 15 | | conditions thereof.
| 16 | | (e) Except where the offender has committed a fourth or | 17 | | subsequent
violation of subsection (c) of Section 6-303 of the | 18 | | Illinois Vehicle Code,
the court shall not require as a | 19 | | condition of the sentence of
probation or conditional | 20 | | discharge that the offender be committed to a
period of | 21 | | imprisonment in excess of 6 months.
This 6-month limit shall | 22 | | not include periods of confinement given pursuant to
a | 23 | | sentence of county impact incarceration under Section 5-8-1.2.
| 24 | | Persons committed to imprisonment as a condition of | 25 | | probation or
conditional discharge shall not be committed to | 26 | | the Department of
Corrections.
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| 1 | | (f) The court may combine a sentence of periodic | 2 | | imprisonment under
Article 7 or a sentence to a county impact | 3 | | incarceration program under
Article 8 with a sentence of | 4 | | probation or conditional discharge.
| 5 | | (g) An offender sentenced to probation or to conditional | 6 | | discharge and
who during the term of either undergoes | 7 | | mandatory drug or alcohol testing,
or both, or is assigned to | 8 | | be placed on an approved electronic monitoring
device, shall | 9 | | be ordered to pay all costs incidental to such mandatory drug
| 10 | | or alcohol testing, or both, and all costs
incidental to such | 11 | | approved electronic monitoring in accordance with the
| 12 | | defendant's ability to pay those costs. The county board with
| 13 | | the concurrence of the Chief Judge of the judicial
circuit in | 14 | | which the county is located shall establish reasonable fees | 15 | | for
the cost of maintenance, testing, and incidental expenses | 16 | | related to the
mandatory drug or alcohol testing, or both, and | 17 | | all costs incidental to
approved electronic monitoring, | 18 | | involved in a successful probation program
for the county. The | 19 | | concurrence of the Chief Judge shall be in the form of
an | 20 | | administrative order.
The fees shall be collected by the clerk | 21 | | of the circuit court, except as provided in an administrative | 22 | | order of the Chief Judge of the circuit court. The clerk of
the | 23 | | circuit court shall pay all moneys collected from these fees | 24 | | to the county
treasurer who shall use the moneys collected to | 25 | | defray the costs of
drug testing, alcohol testing, and | 26 | | electronic monitoring.
The county treasurer shall deposit the |
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| 1 | | fees collected in the
county working cash fund under Section | 2 | | 6-27001 or Section 6-29002 of the
Counties Code, as the case | 3 | | may be.
The Chief Judge of the circuit court of the county may | 4 | | by administrative order establish a program for electronic | 5 | | monitoring of offenders, in which a vendor supplies and | 6 | | monitors the operation of the electronic monitoring device, | 7 | | and collects the fees on behalf of the county. The program | 8 | | shall include provisions for indigent offenders and the | 9 | | collection of unpaid fees. The program shall not unduly burden | 10 | | the offender and shall be subject to review by the Chief Judge. | 11 | | A person shall not be assessed costs or fees for mandatory | 12 | | testing for drugs, alcohol, or both, if the person is an | 13 | | indigent person as defined in paragraph (2) of subsection (a) | 14 | | of Section 5-105 of the Code of Civil Procedure.
| 15 | | The Chief Judge of the circuit court may suspend any | 16 | | additional charges or fees for late payment, interest, or | 17 | | damage to any device. | 18 | | (h) Jurisdiction over an offender may be transferred from | 19 | | the
sentencing court to the court of another circuit with the | 20 | | concurrence of
both courts. Further transfers or retransfers | 21 | | of
jurisdiction are also
authorized in the same manner. The | 22 | | court to which jurisdiction has been
transferred shall have | 23 | | the same powers as the sentencing court.
The probation | 24 | | department within the circuit to which jurisdiction has been | 25 | | transferred, or which has agreed to provide supervision, may | 26 | | impose probation fees upon receiving the transferred offender, |
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| 1 | | as provided in subsection (i). For all transfer cases, as | 2 | | defined in Section 9b of the Probation and Probation Officers | 3 | | Act, the probation department from the original sentencing | 4 | | court shall retain all probation fees collected prior to the | 5 | | transfer. After the transfer,
all probation fees shall be paid | 6 | | to the probation department within the
circuit to which | 7 | | jurisdiction has been transferred.
| 8 | | (i) The court shall impose upon an offender
sentenced to | 9 | | probation after January 1, 1989 or to conditional discharge
| 10 | | after January 1, 1992 or to community service under the | 11 | | supervision of a
probation or court services department after | 12 | | January 1, 2004, as a condition of such probation or | 13 | | conditional
discharge or supervised community service, a fee | 14 | | of $50
for each month of probation or
conditional
discharge | 15 | | supervision or supervised community service ordered by the | 16 | | court, unless after
determining the inability of the person | 17 | | sentenced to probation or conditional
discharge or supervised | 18 | | community service to pay the
fee, the court assesses a lesser | 19 | | fee. The court may not impose the fee on a
minor who is placed | 20 | | in the guardianship or custody of the Department of Children | 21 | | and Family Services under the Juvenile Court Act of 1987
while | 22 | | the minor is in placement.
The fee shall be imposed only upon
| 23 | | an offender who is actively supervised by the
probation and | 24 | | court services
department. The fee shall be collected by the | 25 | | clerk
of the circuit court. The clerk of the circuit court | 26 | | shall pay all monies
collected from this fee to the county |
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| 1 | | treasurer for deposit in the
probation and court services fund | 2 | | under Section 15.1 of the
Probation and Probation Officers | 3 | | Act.
| 4 | | A circuit court may not impose a probation fee under this | 5 | | subsection (i) in excess of $25
per month unless the circuit | 6 | | court has adopted, by administrative
order issued by the chief | 7 | | judge, a standard probation fee guide
determining an | 8 | | offender's ability to pay. Of the
amount collected as a | 9 | | probation fee, up to $5 of that fee
collected per month may be | 10 | | used to provide services to crime victims
and their families. | 11 | | The Court may only waive probation fees based on an | 12 | | offender's ability to pay. The probation department may | 13 | | re-evaluate an offender's ability to pay every 6 months, and, | 14 | | with the approval of the Director of Court Services or the | 15 | | Chief Probation Officer, adjust the monthly fee amount. An | 16 | | offender may elect to pay probation fees due in a lump sum.
Any | 17 | | offender that has been assigned to the supervision of a | 18 | | probation department, or has been transferred either under | 19 | | subsection (h) of this Section or under any interstate | 20 | | compact, shall be required to pay probation fees to the | 21 | | department supervising the offender, based on the offender's | 22 | | ability to pay.
| 23 | | Public Act 93-970 deletes the $10 increase in the fee | 24 | | under this subsection that was imposed by Public Act 93-616. | 25 | | This deletion is intended to control over any other Act of the | 26 | | 93rd General Assembly that retains or incorporates that fee |
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| 1 | | increase. | 2 | | (i-5) In addition to the fees imposed under subsection (i) | 3 | | of this Section, in the case of an offender convicted of a | 4 | | felony sex offense (as defined in the Sex Offender Management | 5 | | Board Act) or an offense that the court or probation | 6 | | department has determined to be sexually motivated (as defined | 7 | | in the Sex Offender Management Board Act), the court or the | 8 | | probation department shall assess additional fees to pay for | 9 | | all costs of treatment, assessment, evaluation for risk and | 10 | | treatment, and monitoring the offender, based on that | 11 | | offender's ability to pay those costs either as they occur or | 12 | | 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 the Criminal | 19 | | and Traffic Assessment 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 | | (m) A person on probation, conditional discharge, or | 8 | | supervision shall not be ordered to refrain from having | 9 | | cannabis or alcohol in his or her body unless: | 10 | | (1) the person is under 21 years old; | 11 | | (2) the person was sentenced to probation, conditional | 12 | | discharge, or supervision for an offense which had as an | 13 | | element of the offense the presence of an intoxicating | 14 | | compound in the person's body; | 15 | | (3) the person is participating in a problem-solving | 16 | | court certified by the Illinois Supreme Court; | 17 | | (4) the person has undergone a validated clinical | 18 | | assessment and the
clinical treatment plan includes | 19 | | alcohol or cannabis testing; or | 20 | | (5) a court ordered evaluation recommends that the | 21 | | person refrain from using alcohol or cannabis, provided
| 22 | | the evaluation is a validated clinical assessment and the | 23 | | recommendation
originates from a clinical treatment plan. | 24 | | If the court has made findings that alcohol use
was a | 25 | | contributing factor in the commission of the
underlying | 26 | | offense, the court may order a person on
probation, |
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| 1 | | conditional discharge, or supervision to refrain
from having | 2 | | alcohol in his or her body during the time
between sentencing | 3 | | and the completion of a validated
clinical assessment, | 4 | | provided
that such order shall not exceed 30 days and shall be
| 5 | | terminated if the clinical treatment plan does not recommend | 6 | | abstinence or testing, or both. | 7 | | In this subsection (m), "validated clinical assessment" | 8 | | and "clinical treatment plan" have the meanings ascribed to | 9 | | them in Section 10 of the Drug Court Treatment Act. | 10 | | In any instance in which the court orders testing for | 11 | | cannabis or alcohol, the court shall state the reasonable | 12 | | relation the condition has to the person's crime for which the | 13 | | person was placed on probation, conditional discharge, or | 14 | | supervision. | 15 | | (n) A person on probation, conditional discharge, or | 16 | | supervision shall not be ordered to refrain from use or | 17 | | consumption of any substance lawfully prescribed by a medical | 18 | | provider or authorized by the Compassionate Use of Medical | 19 | | Cannabis Program Act, except where use is prohibited in | 20 | | paragraph (3) or (4) of subsection (m). | 21 | | (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)
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