Full Text of HB1908 97th General Assembly
HB1908enr 97TH 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 Sections 3-3-7, 3-14-1, and 5-6-3 as follows: | 6 | | (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | 7 | | Sec. 3-3-7. Conditions of Parole or Mandatory Supervised | 8 | | Release.
| 9 | | (a) The conditions of parole or mandatory
supervised | 10 | | release shall be such as the Prisoner Review
Board deems | 11 | | necessary to assist the subject in leading a
law-abiding life. | 12 | | The conditions of every parole and mandatory
supervised release | 13 | | are that the subject:
| 14 | | (1) not violate any criminal statute of any | 15 | | jurisdiction
during the parole or release term;
| 16 | | (2) refrain from possessing a firearm or other | 17 | | dangerous
weapon;
| 18 | | (3) report to an agent of the Department of | 19 | | Corrections;
| 20 | | (4) permit the agent to visit him or her at his or her | 21 | | home, employment,
or
elsewhere to the
extent necessary for | 22 | | the agent to discharge his or her duties;
| 23 | | (5) attend or reside in a facility established for the |
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| 1 | | instruction or
residence
of persons on
parole or mandatory | 2 | | supervised release;
| 3 | | (6) secure permission before visiting or writing a | 4 | | committed person in an
Illinois Department
of Corrections | 5 | | facility;
| 6 | | (7) report all arrests to an agent of the Department of | 7 | | Corrections as
soon as
permitted by the
arresting authority | 8 | | but in no event later than 24 hours after release from
| 9 | | custody;
| 10 | | (7.5) if convicted of a sex offense as defined in the | 11 | | Sex Offender
Management Board Act, the individual shall | 12 | | undergo and successfully complete
sex offender treatment | 13 | | conducted in conformance with the standards developed by
| 14 | | the Sex
Offender Management Board Act by a treatment | 15 | | provider approved by the Board;
| 16 | | (7.6) if convicted of a sex offense as defined in the | 17 | | Sex Offender
Management Board Act, refrain from residing at | 18 | | the same address or in the same condominium unit or | 19 | | apartment unit or in the same condominium complex or | 20 | | apartment complex with another person he or she knows or | 21 | | reasonably should know is a convicted sex offender or has | 22 | | been placed on supervision for a sex offense; the | 23 | | provisions of this paragraph do not apply to a person | 24 | | convicted of a sex offense who is placed in a Department of | 25 | | Corrections licensed transitional housing facility for sex | 26 | | offenders, or is in any facility operated or licensed by |
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| 1 | | the Department of Children and Family Services or by the | 2 | | Department of Human Services, or is in any licensed medical | 3 | | facility;
| 4 | | (7.7) if convicted for an offense that would qualify | 5 | | the accused as a sexual predator under the Sex Offender | 6 | | Registration Act on or after the effective date of this | 7 | | amendatory Act of the 94th General Assembly, wear an | 8 | | approved electronic monitoring device as defined in | 9 | | Section 5-8A-2 for the duration of the person's parole, | 10 | | mandatory supervised release term, or extended mandatory | 11 | | supervised release term and if convicted for an offense of | 12 | | criminal sexual assault, aggravated criminal sexual | 13 | | assault, predatory criminal sexual assault of a child, | 14 | | criminal sexual abuse, aggravated criminal sexual abuse, | 15 | | or ritualized abuse of a child committed on or after August | 16 | | 11, 2009 (the effective date of Public Act 96-236) when the | 17 | | victim was under 18 years of age at the time of the | 18 | | commission of the offense and the defendant used force or | 19 | | the threat of force in the commission of the offense wear | 20 | | an approved electronic monitoring device as defined in | 21 | | Section 5-8A-2 that has Global Positioning System (GPS) | 22 | | capability for the duration of the person's parole, | 23 | | mandatory supervised release term, or extended mandatory | 24 | | supervised release term;
| 25 | | (7.8) if convicted for an offense committed on or after | 26 | | the effective date of this amendatory Act of the 95th |
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| 1 | | General Assembly that would qualify the accused as a child | 2 | | sex offender as defined in Section 11-9.3 or 11-9.4 of the | 3 | | Criminal Code of 1961, refrain from communicating with or | 4 | | contacting, by means of the Internet, a person who is not | 5 | | related to the accused and whom the accused reasonably | 6 | | believes to be under 18 years of age; for purposes of this | 7 | | paragraph (7.8), "Internet" has the meaning ascribed to it | 8 | | in Section 16J-5 of the Criminal Code of 1961; and a person | 9 | | is not related to the accused if the person is not: (i) the | 10 | | spouse, brother, or sister of the accused; (ii) a | 11 | | descendant of the accused; (iii) a first or second cousin | 12 | | of the accused; or (iv) a step-child or adopted child of | 13 | | the accused;
| 14 | | (7.9)
if convicted under Section 11-6, 11-20.1, | 15 | | 11-20.3, or 11-21 of the Criminal Code of 1961, consent to | 16 | | search of computers, PDAs, cellular phones, and other | 17 | | devices under his or her control that are capable of | 18 | | accessing the Internet or storing electronic files, in | 19 | | order to confirm Internet protocol addresses reported in | 20 | | accordance with the Sex Offender Registration Act and | 21 | | compliance with conditions in this Act;
| 22 | | (7.10)
if convicted for an offense that would qualify | 23 | | the accused as a sex offender or sexual predator under the | 24 | | Sex Offender Registration Act on or after the effective | 25 | | date of this amendatory Act of the 95th General Assembly, | 26 | | not possess prescription drugs for erectile dysfunction;
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| 1 | | (7.11) if convicted for an offense under Section 11-6, | 2 | | 11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal | 3 | | Code of 1961, or any attempt to commit any of these | 4 | | offenses, committed on or after June 1, 2009 (the effective | 5 | | date of Public Act 95-983): | 6 | | (i) not access or use a computer or any other | 7 | | device with Internet capability without the prior | 8 | | written approval of the Department; | 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 supervising | 12 | | agent, a law enforcement officer, or assigned computer | 13 | | or information technology specialist, including the | 14 | | retrieval and copying of all data from the computer or | 15 | | device and any internal or external peripherals and | 16 | | removal of such information, equipment, or device to | 17 | | conduct a more thorough inspection; | 18 | | (iii) submit to the installation on the offender's | 19 | | computer or device with Internet capability, at the | 20 | | offender's expense, of one or more hardware or software | 21 | | systems to monitor the Internet use; and | 22 | | (iv) submit to any other appropriate restrictions | 23 | | concerning the offender's use of or access to a | 24 | | computer or any other device with Internet capability | 25 | | imposed by the Board, the Department or the offender's | 26 | | supervising agent; |
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| 1 | | (7.12) if convicted of a sex offense as defined in the | 2 | | Sex Offender
Registration Act committed on or after January | 3 | | 1, 2010 (the effective date of Public Act 96-262), refrain | 4 | | from accessing or using a social networking website as | 5 | | defined in Section 16D-2 of the Criminal Code of 1961;
| 6 | | (7.13) if convicted of a sex offense as defined in | 7 | | Section 2 of the Sex Offender Registration Act committed on | 8 | | or after January 1, 2010 (the effective date of Public Act | 9 | | 96-362) that requires the person to register as a sex | 10 | | offender under that Act, may not knowingly use any computer | 11 | | scrub software on any computer that the sex offender uses; | 12 | | (8) obtain permission of an agent of the Department of | 13 | | Corrections before
leaving the
State of Illinois;
| 14 | | (9) obtain permission of an agent of the Department of | 15 | | Corrections before
changing
his or her residence or | 16 | | employment;
| 17 | | (10) consent to a search of his or her person, | 18 | | property, or residence
under his or her
control;
| 19 | | (11) refrain from the use or possession of narcotics or | 20 | | other controlled
substances in
any form, or both, or any | 21 | | paraphernalia related to those substances and submit
to a
| 22 | | urinalysis test as instructed by a parole agent of the | 23 | | Department of
Corrections;
| 24 | | (12) not frequent places where controlled substances | 25 | | are illegally sold,
used,
distributed, or administered;
| 26 | | (13) not knowingly associate with other persons on |
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| 1 | | parole or mandatory
supervised
release without prior | 2 | | written permission of his or her parole agent and not
| 3 | | associate with
persons who are members of an organized gang | 4 | | as that term is defined in the
Illinois
Streetgang | 5 | | Terrorism Omnibus Prevention Act;
| 6 | | (14) provide true and accurate information, as it | 7 | | relates to his or her
adjustment in the
community while on | 8 | | parole or mandatory supervised release or to his or her
| 9 | | conduct
while incarcerated, in response to inquiries by his | 10 | | or her parole agent or of
the
Department of Corrections;
| 11 | | (15) follow any specific instructions provided by the | 12 | | parole agent that
are consistent
with furthering | 13 | | conditions set and approved by the Prisoner Review Board or | 14 | | by
law,
exclusive of placement on electronic detention, to | 15 | | achieve the goals and
objectives of his
or her parole or | 16 | | mandatory supervised release or to protect the public. | 17 | | These
instructions by the parole agent may be modified at | 18 | | any time, as the agent
deems
appropriate;
| 19 | | (16) if convicted of a sex offense as defined in | 20 | | subsection (a-5) of Section 3-1-2 of this Code, unless the | 21 | | offender is a parent or guardian of the person under 18 | 22 | | years of age present in the home and no non-familial minors | 23 | | are present, not participate in a holiday event involving | 24 | | children under 18 years of age, such as distributing candy | 25 | | or other items to children on Halloween, wearing a Santa | 26 | | Claus costume on or preceding Christmas, being employed as |
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| 1 | | a department store Santa Claus, or wearing an Easter Bunny | 2 | | costume on or preceding Easter; and | 3 | | (17) if convicted of a violation of an order of | 4 | | protection under Section 12-30 of the Criminal Code of | 5 | | 1961, be placed under electronic surveillance as provided | 6 | | in Section 5-8A-7 of this Code ; and . | 7 | | (18) if convicted of a violation of the Methamphetamine | 8 | | Control and Community Protection Act, the Methamphetamine
| 9 | | Precursor Control Act, or a methamphetamine related | 10 | | offense, be: | 11 | | (A) prohibited from purchasing, possessing, or | 12 | | having under his or her control any product containing | 13 | | pseudoephedrine unless prescribed by a physician; and | 14 | | (B) prohibited from purchasing, possessing, or | 15 | | having under his or her control any product containing | 16 | | ammonium nitrate. | 17 | | (b) The Board may in addition to other conditions
require | 18 | | that the subject:
| 19 | | (1) work or pursue a course of study or vocational | 20 | | training;
| 21 | | (2) undergo medical or psychiatric treatment, or | 22 | | treatment
for drug addiction or alcoholism;
| 23 | | (3) attend or reside in a facility established for the
| 24 | | instruction or residence of persons on probation or parole;
| 25 | | (4) support his dependents;
| 26 | | (5) (blank);
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| 1 | | (6) (blank);
| 2 | | (7) comply with the terms and conditions of an order of | 3 | | protection
issued pursuant to the Illinois Domestic | 4 | | Violence Act of 1986, enacted by the
84th General Assembly, | 5 | | or an order of protection issued by the court of another
| 6 | | state, tribe, or United States territory;
| 7 | | (7.5) if convicted for an offense committed on or after | 8 | | the effective date of this amendatory Act of the 95th | 9 | | General Assembly that would qualify the accused as a child | 10 | | sex offender as defined in Section 11-9.3 or 11-9.4 of the | 11 | | Criminal Code of 1961, refrain from communicating with or | 12 | | contacting, by means of the Internet, a person who is | 13 | | related to the accused and whom the accused reasonably | 14 | | believes to be under 18 years of age; for purposes of this | 15 | | paragraph (7.5), "Internet" has the meaning ascribed to it | 16 | | in Section 16J-5 of the Criminal Code of 1961; and a person | 17 | | is related to the accused if the person is: (i) the spouse, | 18 | | brother, or sister of the accused; (ii) a descendant of the | 19 | | accused; (iii) a first or second cousin of the accused; or | 20 | | (iv) a step-child or adopted child of the accused; | 21 | | (7.6) if convicted for an offense committed on or after | 22 | | June 1, 2009 (the effective date of Public Act 95-983) that | 23 | | would qualify as a sex offense as defined in the Sex | 24 | | Offender Registration Act: | 25 | | (i) not access or use a computer or any other | 26 | | device with Internet capability without the prior |
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| 1 | | written approval of the Department; | 2 | | (ii) submit to periodic unannounced examinations | 3 | | of the offender's computer or any other device with | 4 | | Internet capability by the offender's supervising | 5 | | agent, a law enforcement officer, or assigned computer | 6 | | or information technology specialist, including the | 7 | | retrieval and copying of all data from the computer or | 8 | | device and any internal or external peripherals and | 9 | | removal of such information, equipment, or device to | 10 | | conduct a more thorough inspection; | 11 | | (iii) submit to the installation on the offender's | 12 | | computer or device with Internet capability, at the | 13 | | offender'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 Board, the Department or the offender's | 19 | | supervising agent; and
| 20 | | (8) 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 | | or
| 25 | | (iv) contribute to his own support at home or in a | 26 | | foster
home.
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| 1 | | (b-1) In addition to the conditions set forth in | 2 | | subsections (a) and (b), persons required to register as sex | 3 | | offenders pursuant to the Sex Offender Registration Act, upon | 4 | | release from the custody of the Illinois Department of | 5 | | Corrections, may be required by the Board to comply with the | 6 | | following specific conditions of release: | 7 | | (1) reside only at a Department approved location; | 8 | | (2) comply with all requirements of the Sex Offender | 9 | | Registration Act;
| 10 | | (3) notify
third parties of the risks that may be | 11 | | occasioned by his or her criminal record; | 12 | | (4) obtain the approval of an agent of the Department | 13 | | of Corrections prior to accepting employment or pursuing a | 14 | | course of study or vocational training and notify the | 15 | | Department prior to any change in employment, study, or | 16 | | training; | 17 | | (5) not be employed or participate in any
volunteer | 18 | | activity that involves contact with children, except under | 19 | | circumstances approved in advance and in writing by an | 20 | | agent of the Department of Corrections; | 21 | | (6) be electronically monitored for a minimum of 12 | 22 | | months from the date of release as determined by the Board;
| 23 | | (7) refrain from entering into a designated
geographic | 24 | | area except upon terms approved in advance by an agent of | 25 | | the Department of Corrections. The terms may include | 26 | | consideration of the purpose of the entry, the time of day, |
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| 1 | | and others accompanying the person; | 2 | | (8) refrain from having any contact, including
written | 3 | | or oral communications, directly or indirectly, personally | 4 | | or by telephone, letter, or through a third party with | 5 | | certain specified persons including, but not limited to, | 6 | | the victim or the victim's family without the prior written | 7 | | approval of an agent of the Department of Corrections; | 8 | | (9) refrain from all contact, directly or
indirectly, | 9 | | personally, by telephone, letter, or through a third party, | 10 | | with minor children without prior identification and | 11 | | approval of an agent of the Department of Corrections; | 12 | | (10) neither possess or have under his or her
control | 13 | | any material that is sexually oriented, sexually | 14 | | stimulating, or that shows male or female sex organs or any | 15 | | pictures depicting children under 18 years of age nude or | 16 | | any written or audio material describing sexual | 17 | | intercourse or that depicts or alludes to sexual activity, | 18 | | including but not limited to visual, auditory, telephonic, | 19 | | or electronic media, or any matter obtained through access | 20 | | to any computer or material linked to computer access use; | 21 | | (11) not patronize any business providing
sexually | 22 | | stimulating or sexually oriented entertainment nor utilize | 23 | | "900" or adult telephone numbers; | 24 | | (12) not reside near, visit, or be in or about
parks, | 25 | | schools, day care centers, swimming pools, beaches, | 26 | | theaters, or any other places where minor children |
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| 1 | | congregate without advance approval of an agent of the | 2 | | Department of Corrections and immediately report any | 3 | | incidental contact with minor children to the Department; | 4 | | (13) not possess or have under his or her control
| 5 | | certain specified items of contraband related to the | 6 | | incidence of sexually offending as determined by an agent | 7 | | of the Department of Corrections; | 8 | | (14) may be required to provide a written daily log of | 9 | | activities
if directed by an agent of the Department of | 10 | | Corrections; | 11 | | (15) comply with all other special conditions
that the | 12 | | Department may impose that restrict the person from | 13 | | high-risk situations and limit access to potential | 14 | | victims; | 15 | | (16) take an annual polygraph exam; | 16 | | (17) maintain a log of his or her travel; or | 17 | | (18) obtain prior approval of his or her parole officer | 18 | | before driving alone in a motor vehicle.
| 19 | | (c) The conditions under which the parole or mandatory
| 20 | | supervised release is to be served shall be communicated to
the | 21 | | person in writing prior to his release, and he shall
sign the | 22 | | same before release. A signed copy of these conditions,
| 23 | | including a copy of an order of protection where one had been | 24 | | issued by the
criminal court, shall be retained by the person | 25 | | and another copy forwarded to
the officer in charge of his | 26 | | supervision.
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| 1 | | (d) After a hearing under Section 3-3-9, the Prisoner
| 2 | | Review Board may modify or enlarge the conditions of parole
or | 3 | | mandatory supervised release.
| 4 | | (e) The Department shall inform all offenders committed to
| 5 | | the Department of the optional services available to them
upon | 6 | | release and shall assist inmates in availing themselves
of such | 7 | | optional services upon their release on a voluntary
basis. | 8 | | (f) When the subject is in compliance with all conditions | 9 | | of his or her parole or mandatory supervised release, the | 10 | | subject shall receive a reduction of the period of his or her | 11 | | parole or mandatory supervised release of 90 days upon passage | 12 | | of the high school level Test of General Educational | 13 | | Development during the period of his or her parole or mandatory | 14 | | supervised release. This reduction in the period of a subject's | 15 | | term of parole or mandatory supervised release shall be | 16 | | available only to subjects who have not previously earned a | 17 | | high school diploma or who have not previously passed the high | 18 | | school level Test of General Educational Development.
| 19 | | (Source: P.A. 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; 95-579, | 20 | | eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; 95-876, | 21 | | eff. 8-21-08; 95-983, eff. 6-1-09; 96-236, eff. 8-11-09; | 22 | | 96-262, eff. 1-1-10; 96-328, eff. 8-11-09; 96-362, eff. 1-1-10; | 23 | | 96-1000, eff. 7-2-10.)
| 24 | | (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
| 25 | | Sec. 3-14-1. Release from the Institution.
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| 1 | | (a) Upon release of a person on parole, mandatory release, | 2 | | final
discharge or pardon the Department shall return all | 3 | | property held for
him, provide him with suitable clothing and | 4 | | procure necessary
transportation for him to his designated | 5 | | place of residence and
employment. It may provide such person | 6 | | with a grant of money for travel and
expenses which may be paid | 7 | | in installments. The amount of the money grant
shall be | 8 | | determined by the Department.
| 9 | | The Department of Corrections may establish and maintain, | 10 | | in any institution
it administers, revolving funds to be known | 11 | | as "Travel and Allowances Revolving
Funds". These revolving | 12 | | funds shall be used for advancing travel and expense
allowances | 13 | | to committed, paroled, and discharged prisoners. The moneys
| 14 | | paid into such revolving funds shall be from appropriations to | 15 | | the Department
for Committed, Paroled, and Discharged | 16 | | Prisoners.
| 17 | | (b) (Blank).
| 18 | | (c) Except as otherwise provided in this Code, the | 19 | | Department shall
establish procedures to provide written | 20 | | notification of any release of any
person who has been | 21 | | convicted of a felony to the State's Attorney
and sheriff of | 22 | | the county from which the offender was committed, and the
| 23 | | State's Attorney and sheriff of the county into which the | 24 | | offender is to be
paroled or released. Except as otherwise | 25 | | provided in this Code, the
Department shall establish | 26 | | procedures to provide written notification to
the proper law |
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| 1 | | enforcement agency for any municipality of any release of any
| 2 | | person who has been convicted of a felony if the arrest of the | 3 | | offender or the
commission of the offense took place in the | 4 | | municipality, if the offender is to
be paroled or released into | 5 | | the municipality, or if the offender resided in the
| 6 | | municipality at the time of the commission of the offense. If a | 7 | | person
convicted of a felony who is in the custody of the | 8 | | Department of Corrections or
on parole or mandatory supervised | 9 | | release informs the Department that he or she
has resided, | 10 | | resides, or will
reside at an address that is a housing | 11 | | facility owned, managed,
operated, or leased by a public | 12 | | housing agency, the Department must send
written notification | 13 | | of that information to the public housing agency that
owns, | 14 | | manages, operates, or leases the housing facility. The written
| 15 | | notification shall, when possible, be given at least 14 days | 16 | | before release of
the person from custody, or as soon | 17 | | thereafter as possible.
| 18 | | (c-1) (Blank). | 19 | | (c-2) The Department shall establish procedures to provide | 20 | | notice to the Department of State Police of the release or | 21 | | discharge of persons convicted of violations of the | 22 | | Methamphetamine Control and Community
Protection Act or a | 23 | | violation of the Methamphetamine Precursor Control Act. The | 24 | | Department of State Police shall make this information | 25 | | available to local, State, or federal law enforcement agencies | 26 | | upon request. |
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| 1 | | (c-5) If a person on parole or mandatory supervised release | 2 | | becomes a resident of a facility licensed or regulated by the | 3 | | Department of Public Health, the Illinois Department of Public | 4 | | Aid, or the Illinois Department of Human Services, the | 5 | | Department of Corrections shall provide copies of the following | 6 | | information to the appropriate licensing or regulating | 7 | | Department and the licensed or regulated facility where the | 8 | | person becomes a resident: | 9 | | (1) The mittimus and any pre-sentence investigation | 10 | | reports. | 11 | | (2) The social evaluation prepared pursuant to Section | 12 | | 3-8-2. | 13 | | (3) Any pre-release evaluation conducted pursuant to | 14 | | subsection (j) of Section 3-6-2. | 15 | | (4) Reports of disciplinary infractions and | 16 | | dispositions. | 17 | | (5) Any parole plan, including orders issued by the | 18 | | Prisoner Review Board, and any violation reports and | 19 | | dispositions. | 20 | | (6) The name and contact information for the assigned | 21 | | parole agent and parole supervisor.
| 22 | | This information shall be provided within 3 days of the | 23 | | person becoming a resident of the facility.
| 24 | | (c-10) If a person on parole or mandatory supervised | 25 | | release becomes a resident of a facility licensed or regulated | 26 | | by the Department of Public Health, the Illinois Department of |
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| 1 | | Public Aid, or the Illinois Department of Human Services, the | 2 | | Department of Corrections shall provide written notification | 3 | | of such residence to the following: | 4 | | (1) The Prisoner Review Board. | 5 | | (2) The
chief of police and sheriff in the municipality | 6 | | and county in which the licensed facility is located. | 7 | | The notification shall be provided within 3 days of the | 8 | | person becoming a resident of the facility.
| 9 | | (d) Upon the release of a committed person on parole, | 10 | | mandatory
supervised release, final discharge or pardon, the | 11 | | Department shall provide
such person with information | 12 | | concerning programs and services of the
Illinois Department of | 13 | | Public Health to ascertain whether such person has
been exposed | 14 | | to the human immunodeficiency virus (HIV) or any identified
| 15 | | causative agent of Acquired Immunodeficiency Syndrome (AIDS).
| 16 | | (e) Upon the release of a committed person on parole, | 17 | | mandatory supervised
release, final discharge, or pardon, the | 18 | | Department shall provide the person
who has met the criteria | 19 | | established by the Department with an identification
card | 20 | | identifying the
person as being on parole, mandatory supervised | 21 | | release, final discharge, or
pardon, as the case may be. The | 22 | | Department, in consultation with the Office of
the Secretary of | 23 | | State, shall prescribe the form of the identification card,
| 24 | | which may be similar to the form of the standard Illinois | 25 | | Identification Card.
The Department shall inform the committed | 26 | | person that he or she may present the
identification card to |
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| 1 | | the Office of the Secretary of State upon application
for a | 2 | | standard Illinois Identification Card in accordance with the | 3 | | Illinois
Identification Card Act. The Department shall require | 4 | | the committed person to
pay a $1 fee for the identification | 5 | | card.
| 6 | | For purposes of a committed person
receiving an | 7 | | identification card issued by the Department under this
| 8 | | subsection, the Department shall establish criteria that the
| 9 | | committed person must meet before the card is issued.
It is the | 10 | | sole responsibility of the
committed person requesting the | 11 | | identification card issued by the Department to
meet the | 12 | | established criteria.
The person's failure to
meet the criteria | 13 | | is sufficient reason to deny the committed person the
| 14 | | identification card. An identification card issued by the | 15 | | Department under
this subsection shall be valid for a period of | 16 | | time not to exceed 30 calendar
days from the date the card is | 17 | | issued.
The Department shall not be held civilly or
criminally | 18 | | liable to anyone because of any act of any person utilizing a | 19 | | card
issued by the Department under this subsection.
| 20 | | The Department shall adopt
rules governing the issuance of | 21 | | identification cards to committed persons being
released on | 22 | | parole, mandatory supervised release, final
discharge, or | 23 | | pardon.
| 24 | | (Source: P.A. 94-163, eff. 7-11-05.)
| 25 | | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
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| 1 | | Sec. 5-6-3. Conditions of Probation and of Conditional | 2 | | Discharge.
| 3 | | (a) The conditions of probation and of conditional | 4 | | discharge shall be
that the person:
| 5 | | (1) not violate any criminal statute of any | 6 | | jurisdiction;
| 7 | | (2) report to or appear in person before such person or | 8 | | agency as
directed by the court;
| 9 | | (3) refrain from possessing a firearm or other | 10 | | dangerous weapon where the offense is a felony or, if a | 11 | | misdemeanor, the offense involved the intentional or | 12 | | knowing infliction of bodily harm or threat of bodily harm;
| 13 | | (4) not leave the State without the consent of the | 14 | | court or, in
circumstances in which the reason for the | 15 | | absence is of such an emergency
nature that prior consent | 16 | | by the court is not possible, without the prior
| 17 | | notification and approval of the person's probation
| 18 | | officer. Transfer of a person's probation or conditional | 19 | | discharge
supervision to another state is subject to | 20 | | acceptance by the other state
pursuant to the Interstate | 21 | | Compact for Adult Offender Supervision;
| 22 | | (5) permit the probation officer to visit
him at his | 23 | | home or elsewhere
to the extent necessary to discharge his | 24 | | duties;
| 25 | | (6) perform no less than 30 hours of community service | 26 | | and not more than
120 hours of community service, if |
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| 1 | | community service is available in the
jurisdiction and is | 2 | | funded and approved by the county board where the offense
| 3 | | was committed, where the offense was related to or in | 4 | | furtherance of the
criminal activities of an organized gang | 5 | | and was motivated by the offender's
membership in or | 6 | | allegiance to an organized gang. The community service | 7 | | shall
include, but not be limited to, the cleanup and | 8 | | repair of any damage caused by
a violation of Section | 9 | | 21-1.3 of the Criminal Code of 1961 and similar damage
to | 10 | | property located within the municipality or county in which | 11 | | the violation
occurred. When possible and reasonable, the | 12 | | community service should be
performed in the offender's | 13 | | neighborhood. For purposes of this Section,
"organized | 14 | | gang" has the meaning ascribed to it in Section 10 of the | 15 | | Illinois
Streetgang Terrorism Omnibus Prevention Act;
| 16 | | (7) if he or she is at least 17 years of age and has | 17 | | been sentenced to
probation or conditional discharge for a | 18 | | misdemeanor or felony in a county of
3,000,000 or more | 19 | | inhabitants and has not been previously convicted of a
| 20 | | misdemeanor or felony, may be required by the sentencing | 21 | | court to attend
educational courses designed to prepare the | 22 | | defendant for a high school diploma
and to work toward a | 23 | | high school diploma or to work toward passing the high
| 24 | | school level Test of General Educational Development (GED) | 25 | | or to work toward
completing a vocational training program | 26 | | approved by the court. The person on
probation or |
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| 1 | | conditional discharge must attend a public institution of
| 2 | | education to obtain the educational or vocational training | 3 | | required by this
clause (7). The court shall revoke the | 4 | | probation or conditional discharge of a
person who wilfully | 5 | | fails to comply with this clause (7). The person on
| 6 | | probation or conditional discharge shall be required to pay | 7 | | for the cost of the
educational courses or GED test, if a | 8 | | fee is charged for those courses or
test. The court shall | 9 | | resentence the offender whose probation or conditional
| 10 | | discharge has been revoked as provided in Section 5-6-4. | 11 | | This clause (7) does
not apply to a person who has a high | 12 | | school diploma or has successfully passed
the GED test. | 13 | | This clause (7) does not apply to a person who is | 14 | | determined by
the court to be developmentally disabled or | 15 | | otherwise mentally incapable of
completing the educational | 16 | | or vocational program;
| 17 | | (8) if convicted of possession of a substance | 18 | | prohibited
by the Cannabis Control Act, the Illinois | 19 | | Controlled Substances Act, or the Methamphetamine Control | 20 | | and Community Protection Act
after a previous conviction or | 21 | | disposition of supervision for possession of a
substance | 22 | | prohibited by the Cannabis Control Act or Illinois | 23 | | Controlled
Substances Act or after a sentence of probation | 24 | | under Section 10 of the
Cannabis
Control Act, Section 410 | 25 | | of the Illinois Controlled Substances Act, or Section 70 of | 26 | | the Methamphetamine Control and Community Protection Act |
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| 1 | | and upon a
finding by the court that the person is | 2 | | addicted, undergo treatment at a
substance abuse program | 3 | | approved by the court;
| 4 | | (8.5) if convicted of a felony sex offense as defined | 5 | | in the Sex
Offender
Management Board Act, the person shall | 6 | | undergo and successfully complete sex
offender treatment | 7 | | by a treatment provider approved by the Board and conducted
| 8 | | in conformance with the standards developed under the Sex
| 9 | | Offender Management Board Act;
| 10 | | (8.6) if convicted of a sex offense as defined in the | 11 | | Sex Offender Management Board Act, refrain from residing at | 12 | | the same address or in the same condominium unit or | 13 | | apartment unit or in the same condominium complex or | 14 | | apartment complex with another person he or she knows or | 15 | | reasonably should know is a convicted sex offender or has | 16 | | been placed on supervision for a sex offense; the | 17 | | provisions of this paragraph do not apply to a person | 18 | | convicted of a sex offense who is placed in a Department of | 19 | | Corrections licensed transitional housing facility for sex | 20 | | offenders; | 21 | | (8.7) if convicted for an offense committed on or after | 22 | | June 1, 2008 (the effective date of Public Act 95-464) that | 23 | | would qualify the accused as a child sex offender as | 24 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | 25 | | 1961, refrain from communicating with or contacting, by | 26 | | means of the Internet, a person who is not related to the |
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| 1 | | accused and whom the accused reasonably believes to be | 2 | | under 18 years of age; for purposes of this paragraph | 3 | | (8.7), "Internet" has the meaning ascribed to it in Section | 4 | | 16J-5 of the Criminal Code of 1961; and a person is not | 5 | | related to the accused if the person is not: (i) the | 6 | | spouse, brother, or sister of the accused; (ii) a | 7 | | descendant of the accused; (iii) a first or second cousin | 8 | | of the accused; or (iv) a step-child or adopted child of | 9 | | the accused; | 10 | | (8.8) if convicted for an offense under Section 11-6, | 11 | | 11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal | 12 | | Code of 1961, or any attempt to commit any of these | 13 | | offenses, committed on or after June 1, 2009 (the effective | 14 | | date of Public Act 95-983): | 15 | | (i) not access or use a computer or any other | 16 | | device with Internet capability without the prior | 17 | | written approval of the offender's probation officer, | 18 | | except in connection with the offender's employment or | 19 | | search for employment with the prior approval of the | 20 | | offender's probation officer; | 21 | | (ii) submit to periodic unannounced examinations | 22 | | of the offender's computer or any other device with | 23 | | Internet capability by the offender's probation | 24 | | officer, a law enforcement officer, or assigned | 25 | | computer or information technology specialist, | 26 | | including the retrieval and copying of all data from |
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| 1 | | the computer or device and any internal or external | 2 | | peripherals and removal of such information, | 3 | | equipment, or device to conduct a more thorough | 4 | | inspection; | 5 | | (iii) submit to the installation on the offender's | 6 | | computer or device with Internet capability, at the | 7 | | offender's expense, of one or more hardware or software | 8 | | systems to monitor the Internet use; and | 9 | | (iv) submit to any other appropriate restrictions | 10 | | concerning the offender's use of or access to a | 11 | | computer or any other device with Internet capability | 12 | | imposed by the offender's probation officer; | 13 | | (8.9) if convicted of a sex offense as defined in the | 14 | | Sex Offender
Registration Act committed on or after January | 15 | | 1, 2010 (the effective date of Public Act 96-262), refrain | 16 | | from accessing or using a social networking website as | 17 | | defined in Section 16D-2 of the Criminal Code of 1961;
| 18 | | (9) if convicted of a felony, physically surrender at a | 19 | | time and place
designated by the court, his or her Firearm
| 20 | | Owner's Identification Card and
any and all firearms in
his | 21 | | or her possession;
| 22 | | (10) if convicted of a sex offense as defined in | 23 | | subsection (a-5) of Section 3-1-2 of this Code, unless the | 24 | | offender is a parent or guardian of the person under 18 | 25 | | years of age present in the home and no non-familial minors | 26 | | are present, not participate in a holiday event involving |
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| 1 | | children under 18 years of age, such as distributing candy | 2 | | or other items to children on Halloween, wearing a Santa | 3 | | Claus costume on or preceding Christmas, being employed as | 4 | | a department store Santa Claus, or wearing an Easter Bunny | 5 | | costume on or preceding Easter; and | 6 | | (11) if convicted of a sex offense as defined in | 7 | | Section 2 of the Sex Offender Registration Act committed on | 8 | | or after January 1, 2010 (the effective date of Public Act | 9 | | 96-362) that requires the person to register as a sex | 10 | | offender under that Act, may not knowingly use any computer | 11 | | scrub software on any computer that the sex offender uses ; | 12 | | and . | 13 | | (12) if convicted of a violation of the Methamphetamine | 14 | | Control and Community Protection Act, the Methamphetamine
| 15 | | Precursor Control Act, or a methamphetamine related | 16 | | offense: | 17 | | (A) prohibited from purchasing, possessing, or | 18 | | having under his or her control any product containing | 19 | | pseudoephedrine unless prescribed by a physician; and | 20 | | (B) prohibited from purchasing, possessing, or | 21 | | having under his or her control any product containing | 22 | | ammonium nitrate. | 23 | | (b) The Court may in addition to other reasonable | 24 | | conditions relating to the
nature of the offense or the | 25 | | rehabilitation of the defendant as determined for
each | 26 | | defendant in the proper discretion of the Court require that |
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| 1 | | the person:
| 2 | | (1) serve a term of periodic imprisonment under Article | 3 | | 7 for a
period not to exceed that specified in paragraph | 4 | | (d) of Section 5-7-1;
| 5 | | (2) pay a fine and costs;
| 6 | | (3) work or pursue a course of study or vocational | 7 | | training;
| 8 | | (4) undergo medical, psychological or psychiatric | 9 | | treatment; or treatment
for drug addiction or alcoholism;
| 10 | | (5) attend or reside in a facility established for the | 11 | | instruction
or residence of defendants on probation;
| 12 | | (6) support his dependents;
| 13 | | (7) and in addition, if a minor:
| 14 | | (i) reside with his parents or in a foster home;
| 15 | | (ii) attend school;
| 16 | | (iii) attend a non-residential program for youth;
| 17 | | (iv) contribute to his own support at home or in a | 18 | | foster home;
| 19 | | (v) with the consent of the superintendent of the
| 20 | | facility, attend an educational program at a facility | 21 | | other than the school
in which the
offense was | 22 | | committed if he
or she is convicted of a crime of | 23 | | violence as
defined in
Section 2 of the Crime Victims | 24 | | Compensation Act committed in a school, on the
real
| 25 | | property
comprising a school, or within 1,000 feet of | 26 | | the real property comprising a
school;
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| 1 | | (8) make restitution as provided in Section 5-5-6 of | 2 | | this Code;
| 3 | | (9) perform some reasonable public or community | 4 | | service;
| 5 | | (10) serve a term of home confinement. In addition to | 6 | | any other
applicable condition of probation or conditional | 7 | | discharge, the
conditions of home confinement shall be that | 8 | | the offender:
| 9 | | (i) remain within the interior premises of the | 10 | | place designated for
his confinement during the hours | 11 | | designated by the court;
| 12 | | (ii) admit any person or agent designated by the | 13 | | court into the
offender's place of confinement at any | 14 | | time for purposes of verifying
the offender's | 15 | | compliance with the conditions of his confinement; and
| 16 | | (iii) if further deemed necessary by the court or | 17 | | the
Probation or
Court Services Department, be placed | 18 | | on an approved
electronic monitoring device, subject | 19 | | to Article 8A of Chapter V;
| 20 | | (iv) for persons convicted of any alcohol, | 21 | | cannabis or controlled
substance violation who are | 22 | | placed on an approved monitoring device as a
condition | 23 | | of probation or conditional discharge, the court shall | 24 | | impose a
reasonable fee for each day of the use of the | 25 | | device, as established by the
county board in | 26 | | subsection (g) of this Section, unless after |
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| 1 | | determining the
inability of the offender to pay the | 2 | | fee, the court assesses a lesser fee or no
fee as the | 3 | | case may be. This fee shall be imposed in addition to | 4 | | the fees
imposed under subsections (g) and (i) of this | 5 | | Section. The fee shall be
collected by the clerk of the | 6 | | circuit court. The clerk of the circuit
court shall pay | 7 | | all monies collected from this fee to the county | 8 | | treasurer
for deposit in the substance abuse services | 9 | | fund under Section 5-1086.1 of
the Counties Code; 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. The clerk of the circuit
court shall pay | 23 | | all monies collected from this fee
to the county | 24 | | treasurer who shall use the monies collected to defray | 25 | | the
costs of corrections. The county treasurer shall | 26 | | deposit the fee
collected in the county working cash |
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| 1 | | fund under Section 6-27001 or Section
6-29002 of the | 2 | | Counties Code, as the case may be.
| 3 | | (11) comply with the terms and conditions of an order | 4 | | of protection issued
by the court pursuant to the Illinois | 5 | | Domestic Violence Act of 1986,
as now or hereafter amended, | 6 | | or an order of protection issued by the court of
another | 7 | | state, tribe, or United States territory. A copy of the | 8 | | order of
protection shall be
transmitted to the probation | 9 | | officer or agency
having responsibility for the case;
| 10 | | (12) reimburse any "local anti-crime program" as | 11 | | defined in Section 7
of the Anti-Crime Advisory Council Act | 12 | | for any reasonable expenses incurred
by the program on the | 13 | | offender's case, not to exceed the maximum amount of
the | 14 | | fine authorized for the offense for which the defendant was | 15 | | sentenced;
| 16 | | (13) contribute a reasonable sum of money, not to | 17 | | exceed the maximum
amount of the fine authorized for the
| 18 | | offense for which the defendant was sentenced, (i) to a | 19 | | "local anti-crime
program", as defined in Section 7 of the | 20 | | Anti-Crime Advisory Council Act, or (ii) for offenses under | 21 | | the jurisdiction of the Department of Natural Resources, to | 22 | | the fund established by the Department of Natural Resources | 23 | | for the purchase of evidence for investigation purposes and | 24 | | to conduct investigations as outlined in Section 805-105 of | 25 | | the Department of Natural Resources (Conservation) Law;
| 26 | | (14) refrain from entering into a designated |
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| 1 | | geographic area except upon
such terms as the court finds | 2 | | appropriate. Such terms may include
consideration of the | 3 | | purpose of the entry, the time of day, other persons
| 4 | | accompanying the defendant, and advance approval by a
| 5 | | probation officer, if
the defendant has been placed on | 6 | | probation or advance approval by the
court, if the | 7 | | defendant was placed on conditional discharge;
| 8 | | (15) refrain from having any contact, directly or | 9 | | indirectly, with
certain specified persons or particular | 10 | | types of persons, including but not
limited to members of | 11 | | street gangs and drug users or dealers;
| 12 | | (16) refrain from having in his or her body the | 13 | | presence of any illicit
drug prohibited by the Cannabis | 14 | | Control Act, the Illinois Controlled
Substances Act, or the | 15 | | Methamphetamine Control and Community Protection Act, | 16 | | unless prescribed by a physician, and submit samples of
his | 17 | | or her blood or urine or both for tests to determine the | 18 | | presence of any
illicit drug;
| 19 | | (17) if convicted for an offense committed on or after | 20 | | June 1, 2008 (the effective date of Public Act 95-464) that | 21 | | would qualify the accused as a child sex offender as | 22 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | 23 | | 1961, refrain from communicating with or contacting, by | 24 | | means of the Internet, a person who is related to the | 25 | | accused and whom the accused reasonably believes to be | 26 | | under 18 years of age; for purposes of this paragraph (17), |
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| 1 | | "Internet" has the meaning ascribed to it in Section 16J-5 | 2 | | of the Criminal Code of 1961; and a person is related to | 3 | | the accused if the person is: (i) the spouse, brother, or | 4 | | sister of the accused; (ii) a descendant of the accused; | 5 | | (iii) a first or second cousin of the accused; or (iv) a | 6 | | step-child or adopted child of the accused; | 7 | | (18) if convicted for an offense committed on or after | 8 | | June 1, 2009 (the effective date of Public Act 95-983) that | 9 | | would qualify as a sex offense as defined in the Sex | 10 | | Offender Registration Act: | 11 | | (i) not access or use a computer or any other | 12 | | device with Internet capability without the prior | 13 | | written approval of the offender's probation officer, | 14 | | except in connection with the offender's employment or | 15 | | search for employment with the prior approval of the | 16 | | offender's probation officer; | 17 | | (ii) submit to periodic unannounced examinations | 18 | | of the offender's computer or any other device with | 19 | | Internet capability by the offender's probation | 20 | | officer, a law enforcement officer, or assigned | 21 | | computer or information technology specialist, | 22 | | including the retrieval and copying of all data from | 23 | | the computer or device and any internal or external | 24 | | peripherals and removal of such information, | 25 | | equipment, or device to conduct a more thorough | 26 | | inspection; |
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| 1 | | (iii) submit to the installation on the offender's | 2 | | computer or device with Internet capability, at the | 3 | | subject's expense, of one or more hardware or software | 4 | | systems to monitor the Internet use; and | 5 | | (iv) submit to any other appropriate restrictions | 6 | | concerning the offender's use of or access to a | 7 | | computer or any other device with Internet capability | 8 | | imposed by the offender's probation officer; and | 9 | | (19) refrain from possessing a firearm or other | 10 | | dangerous weapon where the offense is a misdemeanor that | 11 | | did not involve the intentional or knowing infliction of | 12 | | bodily harm or threat of bodily harm. | 13 | | (c) The court may as a condition of probation or of | 14 | | conditional
discharge require that a person under 18 years of | 15 | | age found guilty of any
alcohol, cannabis or controlled | 16 | | substance violation, refrain from acquiring
a driver's license | 17 | | during
the period of probation or conditional discharge. If | 18 | | such person
is in possession of a permit or license, the court | 19 | | may require that
the minor refrain from driving or operating | 20 | | any motor vehicle during the
period of probation or conditional | 21 | | discharge, except as may be necessary in
the course of the | 22 | | minor's lawful employment.
| 23 | | (d) An offender sentenced to probation or to conditional | 24 | | discharge
shall be given a certificate setting forth the | 25 | | conditions thereof.
| 26 | | (e) Except where the offender has committed a fourth or |
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| 1 | | subsequent
violation of subsection (c) of Section 6-303 of the | 2 | | Illinois Vehicle Code,
the court shall not require as a | 3 | | condition of the sentence of
probation or conditional discharge | 4 | | that the offender be committed to a
period of imprisonment in | 5 | | excess of 6 months.
This 6 month limit shall not include | 6 | | periods of confinement given pursuant to
a sentence of county | 7 | | impact incarceration under Section 5-8-1.2.
| 8 | | Persons committed to imprisonment as a condition of | 9 | | probation or
conditional discharge shall not be committed to | 10 | | the Department of
Corrections.
| 11 | | (f) The court may combine a sentence of periodic | 12 | | imprisonment under
Article 7 or a sentence to a county impact | 13 | | incarceration program under
Article 8 with a sentence of | 14 | | probation or conditional discharge.
| 15 | | (g) An offender sentenced to probation or to conditional | 16 | | discharge and
who during the term of either undergoes mandatory | 17 | | drug or alcohol testing,
or both, or is assigned to be placed | 18 | | on an approved electronic monitoring
device, shall be ordered | 19 | | to pay all costs incidental to such mandatory drug
or alcohol | 20 | | testing, or both, and all costs
incidental to such approved | 21 | | electronic monitoring in accordance with the
defendant's | 22 | | ability to pay those costs. The county board with
the | 23 | | concurrence of the Chief Judge of the judicial
circuit in which | 24 | | the county is located shall establish reasonable fees for
the | 25 | | cost of maintenance, testing, and incidental expenses related | 26 | | to the
mandatory drug or alcohol testing, or both, and all |
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| 1 | | costs incidental to
approved electronic monitoring, involved | 2 | | in a successful probation program
for the county. The | 3 | | concurrence of the Chief Judge shall be in the form of
an | 4 | | administrative order.
The fees shall be collected by the clerk | 5 | | of the circuit court. The clerk of
the circuit court shall pay | 6 | | all moneys collected from these fees to the county
treasurer | 7 | | who shall use the moneys collected to defray the costs of
drug | 8 | | testing, alcohol testing, and electronic monitoring.
The | 9 | | county treasurer shall deposit the fees collected in the
county | 10 | | working cash fund under Section 6-27001 or Section 6-29002 of | 11 | | the
Counties Code, as the case may be.
| 12 | | (h) Jurisdiction over an offender may be transferred from | 13 | | the
sentencing court to the court of another circuit with the | 14 | | concurrence of
both courts. Further transfers or retransfers of
| 15 | | jurisdiction are also
authorized in the same manner. The court | 16 | | to which jurisdiction has been
transferred shall have the same | 17 | | powers as the sentencing court.
| 18 | | (i) The court shall impose upon an offender
sentenced to | 19 | | probation after January 1, 1989 or to conditional discharge
| 20 | | after January 1, 1992 or to community service under the | 21 | | supervision of a
probation or court services department after | 22 | | January 1, 2004, as a condition of such probation or | 23 | | conditional
discharge or supervised community service, a fee of | 24 | | $50
for each month of probation or
conditional
discharge | 25 | | supervision or supervised community service ordered by the | 26 | | court, unless after
determining the inability of the person |
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| 1 | | sentenced to probation or conditional
discharge or supervised | 2 | | community service to pay the
fee, the court assesses a lesser | 3 | | fee. The court may not impose the fee on a
minor who is made a | 4 | | ward of the State under the Juvenile Court Act of 1987
while | 5 | | the minor is in placement.
The fee shall be imposed only upon
| 6 | | an offender who is actively supervised by the
probation and | 7 | | court services
department. The fee shall be collected by the | 8 | | clerk
of the circuit court. The clerk of the circuit court | 9 | | shall pay all monies
collected from this fee to the county | 10 | | treasurer for deposit in the
probation and court services fund | 11 | | under Section 15.1 of the
Probation and Probation Officers Act.
| 12 | | A circuit court may not impose a probation fee under this | 13 | | subsection (i) in excess of $25
per month unless the circuit | 14 | | court has adopted, by administrative
order issued by the chief | 15 | | judge, a standard probation fee guide
determining an offender's | 16 | | ability to pay Of the
amount collected as a probation fee, up | 17 | | to $5 of that fee
collected per month may be used to provide | 18 | | services to crime victims
and their families. | 19 | | The Court may only waive probation fees based on an | 20 | | offender's ability to pay. The probation department may | 21 | | re-evaluate an offender's ability to pay every 6 months, and, | 22 | | with the approval of the Director of Court Services or the | 23 | | Chief Probation Officer, adjust the monthly fee amount. An | 24 | | offender may elect to pay probation fees due in a lump sum.
Any | 25 | | offender that has been assigned to the supervision of a | 26 | | probation department, or has been transferred either under |
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| 1 | | subsection (h) of this Section or under any interstate compact, | 2 | | shall be required to pay probation fees to the department | 3 | | supervising the offender, based on the offender's ability to | 4 | | pay.
| 5 | | This amendatory Act of the 93rd General Assembly deletes | 6 | | the $10 increase in the fee under this subsection that was | 7 | | imposed by Public Act 93-616. This deletion is intended to | 8 | | control over any other Act of the 93rd General Assembly that | 9 | | retains or incorporates that fee increase. | 10 | | (i-5) In addition to the fees imposed under subsection (i) | 11 | | of this Section, in the case of an offender convicted of a | 12 | | felony sex offense (as defined in the Sex Offender Management | 13 | | Board Act) or an offense that the court or probation department | 14 | | has determined to be sexually motivated (as defined in the Sex | 15 | | Offender Management Board Act), the court or the probation | 16 | | department shall assess additional fees to pay for all costs of | 17 | | treatment, assessment, evaluation for risk and treatment, and | 18 | | monitoring the offender, based on that offender's ability to | 19 | | pay those costs either as they occur or under a payment plan. | 20 | | (j) All fines and costs imposed under this Section for any | 21 | | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | 22 | | Code, or a similar
provision of a local ordinance, and any | 23 | | violation of the Child Passenger
Protection Act, or a similar | 24 | | provision of a local ordinance, shall be
collected and | 25 | | disbursed by the circuit clerk as provided under Section 27.5
| 26 | | of the Clerks of Courts Act.
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| 1 | | (k) Any offender who is sentenced to probation or | 2 | | conditional discharge for a felony sex offense as defined in | 3 | | the Sex Offender Management Board Act or any offense that the | 4 | | court or probation department has determined to be sexually | 5 | | motivated as defined in the Sex Offender Management Board Act | 6 | | shall be required to refrain from any contact, directly or | 7 | | indirectly, with any persons specified by the court and shall | 8 | | be available for all evaluations and treatment programs | 9 | | required by the court or the probation department.
| 10 | | (l) The court may order an offender who is sentenced to | 11 | | probation or conditional
discharge for a violation of an order | 12 | | of protection be placed under electronic surveillance as | 13 | | provided in Section 5-8A-7 of this Code. | 14 | | (Source: P.A. 95-331, eff. 8-21-07; 95-464, eff. 6-1-08; | 15 | | 95-578, eff. 6-1-08; 95-696, eff. 6-1-08; 95-773, eff. 1-1-09; | 16 | | 95-876, eff. 8-21-08; 95-983, eff. 6-1-09; 96-262, eff. 1-1-10; | 17 | | 96-328, eff. 8-11-09; 96-362, eff. 1-1-10; 96-695, eff. | 18 | | 8-25-09; 96-1000, eff. 7-2-10; 96-1414, eff. 1-1-11.)
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