Full Text of HB3344 100th General Assembly
HB3344 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3344 Introduced , by Rep. Elgie R. Sims, Jr. SYNOPSIS AS INTRODUCED: |
| 720 ILCS 550/10 | from Ch. 56 1/2, par. 710 | 720 ILCS 570/410 | from Ch. 56 1/2, par. 1410 | 720 ILCS 646/70 | | 725 ILCS 5/110-14 | from Ch. 38, par. 110-14 | 730 ILCS 5/5-3-2 | from Ch. 38, par. 1005-3-2 | 730 ILCS 5/5-6-3.1 | from Ch. 38, par. 1005-6-3.1 |
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Amends the Cannabis Control Act, the Illinois Controlled Substances Act, and the Methamphetamine Control and Community Protection Act. Provides that at the time a defendant is placed on probation, the court shall set a date at the conclusion of the period to determine whether the defendant has complied with the terms and conditions of probation. Amends the Code of Criminal Procedure of 1963. Provides that a person incarcerated on a bailable offense who does not supply
bail and against whom a fine is levied on conviction of the offense
shall be allowed a credit of $20 (rather than $5) for each day the person is incarcerated toward any fine imposed. Amends the Unified Code of Corrections. Provides that in felony cases, the presentence report shall set forth the financial impact of incarceration based on the financial impact statement filed with the clerk of the court by the Department of Corrections. Provides that at the time a defendant is placed on supervision, the court shall set a date at the conclusion of the period to determine whether the defendant has complied with the terms and conditions of supervision.
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| | A BILL FOR |
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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 Cannabis Control Act is amended by changing | 5 | | Section 10 as follows:
| 6 | | (720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
| 7 | | Sec. 10. (a)
Whenever any person who has not previously | 8 | | been convicted of, or placed
on probation or court supervision | 9 | | for, any offense under this Act or any
law of the United States | 10 | | or of any State relating to cannabis, or controlled
substances | 11 | | as defined in the Illinois Controlled Substances Act, pleads
| 12 | | guilty to or is found guilty of violating Sections 4(a), 4(b), | 13 | | 4(c),
5(a), 5(b), 5(c) or 8 of this Act, the court may, without | 14 | | entering a
judgment and with the consent of such person, | 15 | | sentence him to probation.
| 16 | | (b) When a person is placed on probation, the court shall | 17 | | enter an order
specifying a period of probation of 24 months, | 18 | | and shall defer further
proceedings in
the case until the | 19 | | conclusion of the period or until the filing of a petition
| 20 | | alleging violation of a term or condition of probation. At the | 21 | | time the person is placed on probation, the court shall set a | 22 | | date at the conclusion of the period to determine whether the | 23 | | person has complied with the terms and conditions of probation.
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| 1 | | (c) The conditions of probation shall be that the person: | 2 | | (1) not violate
any criminal statute of any jurisdiction; (2) | 3 | | refrain from possession of a
firearm
or other dangerous weapon; | 4 | | (3) submit to periodic drug testing at a time and in
a manner | 5 | | as ordered by the court, but no less than 3 times during the | 6 | | period of
the probation, with the cost of the testing to be | 7 | | paid by the probationer; and
(4) perform no less than 30 hours | 8 | | of community service, provided community
service is available | 9 | | in the jurisdiction and is funded and approved by the
county | 10 | | board.
| 11 | | (d) The court may, in addition to other conditions, require
| 12 | | that the person:
| 13 | | (1) make a report to and appear in person before or | 14 | | participate with the
court or such courts, person, or | 15 | | social service agency as directed by the
court in the order | 16 | | of probation;
| 17 | | (2) pay a fine and costs;
| 18 | | (3) work or pursue a course of study or vocational | 19 | | training;
| 20 | | (4) undergo medical or psychiatric treatment; or | 21 | | treatment for drug
addiction or alcoholism;
| 22 | | (5) attend or reside in a facility established for the | 23 | | instruction or
residence of defendants on probation;
| 24 | | (6) support his dependents;
| 25 | | (7) refrain from possessing a firearm or other | 26 | | dangerous weapon;
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| 1 | | (7-5) 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 the | 4 | | Methamphetamine Control and Community Protection Act, | 5 | | unless prescribed by a physician, and submit samples of
his | 6 | | or her blood or urine or both for tests to determine the | 7 | | presence of any
illicit drug;
| 8 | | (8) and in addition, if a minor:
| 9 | | (i) reside with his parents or in a foster home;
| 10 | | (ii) attend school;
| 11 | | (iii) attend a non-residential program for youth;
| 12 | | (iv) contribute to his own support at home or in a | 13 | | foster home.
| 14 | | (e) Upon violation of a term or condition of probation, the
| 15 | | court
may enter a judgment on its original finding of guilt and | 16 | | proceed as otherwise
provided.
| 17 | | (f) At the conclusion of the period of probation, if the | 18 | | court determines that the person has complied with Upon | 19 | | fulfillment of the terms and
conditions of probation, the court | 20 | | shall discharge the such person and dismiss
the proceedings | 21 | | against him or her .
| 22 | | (g) A disposition of probation is considered to be a | 23 | | conviction
for the purposes of imposing the conditions of | 24 | | probation and for appeal,
however, discharge and dismissal | 25 | | under this Section is not a conviction for
purposes of | 26 | | disqualification or disabilities imposed by law upon |
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| 1 | | conviction of
a crime (including the additional penalty imposed | 2 | | for subsequent offenses under
Section 4(c), 4(d), 5(c) or 5(d) | 3 | | of this Act).
| 4 | | (h) Discharge and dismissal under this Section,
Section 410 | 5 | | of the Illinois Controlled Substances Act, Section 70 of the | 6 | | Methamphetamine Control and Community Protection Act, Section | 7 | | 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, or | 8 | | subsection (c) of Section 11-14 of the Criminal Code of 1961 or | 9 | | the Criminal Code of 2012 may occur only once
with respect to | 10 | | any person.
| 11 | | (i) If a person is convicted of an offense under this Act, | 12 | | the Illinois
Controlled Substances Act, or the Methamphetamine | 13 | | Control and Community Protection Act within 5 years
subsequent | 14 | | to a discharge and dismissal under this Section, the discharge | 15 | | and
dismissal under this Section shall be admissible in the | 16 | | sentencing proceeding
for that conviction
as a factor in | 17 | | aggravation.
| 18 | | (j) Notwithstanding subsection (a), before a person is | 19 | | sentenced to probation under this Section, the court may refer | 20 | | the person to the drug court established in that judicial | 21 | | circuit pursuant to Section 15 of the Drug Court Treatment Act. | 22 | | The drug court team shall evaluate the person's likelihood of | 23 | | successfully completing a sentence of probation under this | 24 | | Section and shall report the results of its evaluation to the | 25 | | court. If the drug court team finds that the person suffers | 26 | | from a substance abuse problem that makes him or her |
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| 1 | | substantially unlikely to successfully complete a sentence of | 2 | | probation under this Section, then the drug court shall set | 3 | | forth its findings in the form of a written order, and the | 4 | | person shall not be sentenced to probation under this Section, | 5 | | but may be considered for the drug court program. | 6 | | (Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
| 7 | | Section 10. The Illinois Controlled Substances Act is | 8 | | amended by changing Section 410 as follows:
| 9 | | (720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
| 10 | | Sec. 410. (a) Whenever any person who has not previously | 11 | | been convicted
of, or placed on probation or court supervision | 12 | | for any offense under this
Act or any law of the United States | 13 | | or of any State relating to cannabis
or controlled substances, | 14 | | pleads guilty to or is found guilty of possession
of a | 15 | | controlled or counterfeit substance under subsection (c) of | 16 | | Section
402 or of unauthorized possession of prescription form | 17 | | under Section 406.2, the court, without entering a judgment and | 18 | | with the consent of such
person, may sentence him or her to | 19 | | probation.
| 20 | | (b) When a person is placed on probation, the court shall | 21 | | enter an order
specifying a period of probation of 24 months | 22 | | and shall defer further
proceedings in the case until the | 23 | | conclusion of the period or until the
filing of a petition | 24 | | alleging violation of a term or condition of probation. At the |
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| 1 | | time the person is placed on probation, the court shall set a | 2 | | date at the conclusion of the period to determine whether the | 3 | | person has complied with the terms and conditions of probation.
| 4 | | (c) The conditions of probation shall be that the person: | 5 | | (1) not
violate any criminal statute of any jurisdiction; (2) | 6 | | refrain from
possessing a firearm or other dangerous weapon; | 7 | | (3) submit to periodic drug
testing at a time and in a manner | 8 | | as ordered by the court, but no less than 3
times during the | 9 | | period of the probation, with the cost of the testing to be
| 10 | | paid by the probationer; and (4) perform no less than 30 hours | 11 | | of community
service, provided community service is available | 12 | | in the jurisdiction and is
funded
and approved by the county | 13 | | board.
| 14 | | (d) The court may, in addition to other conditions, require | 15 | | that the person:
| 16 | | (1) make a report to and appear in person before or | 17 | | participate with the
court or such courts, person, or | 18 | | social service agency as directed by the
court in the order | 19 | | of probation;
| 20 | | (2) pay a fine and costs;
| 21 | | (3) work or pursue a course of study or vocational
| 22 | | training;
| 23 | | (4) undergo medical or psychiatric treatment; or | 24 | | treatment or
rehabilitation approved by the Illinois | 25 | | Department of Human Services;
| 26 | | (5) attend or reside in a facility established for the |
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| 1 | | instruction or
residence of defendants on probation;
| 2 | | (6) support his or her dependents;
| 3 | | (6-5) refrain from having in his or her body the | 4 | | presence of any illicit
drug prohibited by the Cannabis | 5 | | Control Act, the Illinois Controlled
Substances Act, or the | 6 | | Methamphetamine Control and Community Protection Act, | 7 | | unless prescribed by a physician, and submit samples of
his | 8 | | or her blood or urine or both for tests to determine the | 9 | | presence of any
illicit drug;
| 10 | | (7) and in addition, if a minor:
| 11 | | (i) reside with his or her parents or in a foster | 12 | | home;
| 13 | | (ii) attend school;
| 14 | | (iii) attend a non-residential program for youth;
| 15 | | (iv) contribute to his or her own support at home | 16 | | or in a foster home.
| 17 | | (e) Upon violation of a term or condition of probation, the | 18 | | court
may enter a judgment on its original finding of guilt and | 19 | | proceed as
otherwise provided.
| 20 | | (f) At the conclusion of the period of probation, if the | 21 | | court determines that the person has complied with Upon | 22 | | fulfillment of the terms and conditions of probation, the court
| 23 | | shall discharge the person and dismiss the proceedings against | 24 | | him or her.
| 25 | | (g) A disposition of probation is considered to be a | 26 | | conviction
for the purposes of imposing the conditions of |
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| 1 | | probation and for appeal,
however, discharge and dismissal | 2 | | under this Section is not a conviction for
purposes of this Act | 3 | | or for purposes of disqualifications or disabilities
imposed by | 4 | | law upon conviction of a crime.
| 5 | | (h) There may be only one discharge and dismissal under | 6 | | this Section,
Section 10 of the Cannabis Control Act, Section | 7 | | 70 of the Methamphetamine Control and Community Protection Act, | 8 | | Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, | 9 | | or subsection (c) of Section 11-14 of the Criminal Code of 1961 | 10 | | or the Criminal Code of 2012 with respect to any person.
| 11 | | (i) If a person is convicted of an offense under this Act, | 12 | | the Cannabis
Control Act, or the Methamphetamine Control and | 13 | | Community Protection Act within 5 years
subsequent to a | 14 | | discharge and dismissal under this Section, the discharge and
| 15 | | dismissal under this Section shall be admissible in the | 16 | | sentencing proceeding
for that conviction
as evidence in | 17 | | aggravation.
| 18 | | (j) Notwithstanding subsection (a), before a person is | 19 | | sentenced to probation under this Section, the court may refer | 20 | | the person to the drug court established in that judicial | 21 | | circuit pursuant to Section 15 of the Drug Court Treatment Act. | 22 | | The drug court team shall evaluate the person's likelihood of | 23 | | successfully completing a sentence of probation under this | 24 | | Section and shall report the results of its evaluation to the | 25 | | court. If the drug court team finds that the person suffers | 26 | | from a substance abuse problem that makes him or her |
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| 1 | | substantially unlikely to successfully complete a sentence of | 2 | | probation under this Section, then the drug court shall set | 3 | | forth its findings in the form of a written order, and the | 4 | | person shall not be sentenced to probation under this Section, | 5 | | but may be considered for the drug court program. | 6 | | (Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
| 7 | | Section 15. The Methamphetamine Control and Community | 8 | | Protection Act is amended by changing Section 70 as follows: | 9 | | (720 ILCS 646/70)
| 10 | | Sec. 70. Probation. | 11 | | (a) Whenever any person who has not previously been | 12 | | convicted of, or placed on probation or court supervision for | 13 | | any offense under this Act, the Illinois Controlled Substances | 14 | | Act, the Cannabis Control Act, or any law of the United States | 15 | | or of any state relating to cannabis or controlled substances, | 16 | | pleads guilty to or is found guilty of possession of less than | 17 | | 15 grams of methamphetamine under paragraph (1) or (2) of | 18 | | subsection (b) of Section 60 of this Act, the court, without | 19 | | entering a judgment and with the consent of the person, may | 20 | | sentence him or her to probation.
| 21 | | (b) When a person is placed on probation, the court shall | 22 | | enter an order specifying a period of probation of 24 months | 23 | | and shall defer further proceedings in the case until the | 24 | | conclusion of the period or until the filing of a petition |
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| 1 | | alleging violation of a term or condition of probation.
At the | 2 | | time the person is placed on probation, the court shall set a | 3 | | date at the conclusion of the period to determine whether the | 4 | | person has complied with the terms and conditions of probation. | 5 | | (c) The conditions of probation shall be that the person: | 6 | | (1) not violate any criminal statute of any | 7 | | jurisdiction; | 8 | | (2) refrain from possessing a firearm or other | 9 | | dangerous weapon; | 10 | | (3) submit to periodic drug testing at a time and in a | 11 | | manner as ordered by the court, but no less than 3 times | 12 | | during the period of the probation, with the cost of the | 13 | | testing to be paid by the probationer; and | 14 | | (4) perform no less than 30 hours of community service, | 15 | | if community service is available in the jurisdiction and | 16 | | is funded and approved by the county board.
| 17 | | (d) The court may, in addition to other conditions, require | 18 | | that the person take one or more of the following actions:
| 19 | | (1) make a report to and appear in person before or | 20 | | participate with the court or such courts, person, or | 21 | | social service agency as directed by the court in the order | 22 | | of probation;
| 23 | | (2) pay a fine and costs;
| 24 | | (3) work or pursue a course of study or vocational | 25 | | training;
| 26 | | (4) undergo medical or psychiatric treatment; or |
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| 1 | | treatment or rehabilitation approved by the Illinois | 2 | | Department of Human Services;
| 3 | | (5) attend or reside in a facility established for the | 4 | | instruction or residence of defendants on probation;
| 5 | | (6) support his or her dependents;
| 6 | | (7) refrain from having in his or her body the presence | 7 | | of any illicit drug prohibited by this Act, the Cannabis | 8 | | Control Act, or the Illinois Controlled Substances Act, | 9 | | unless prescribed by a physician, and submit samples of his | 10 | | or her blood or urine or both for tests to determine the | 11 | | presence of any illicit drug; or
| 12 | | (8) if a minor:
| 13 | | (i) reside with his or her parents or in a foster | 14 | | home;
| 15 | | (ii) attend school;
| 16 | | (iii) attend a non-residential program for youth; | 17 | | or
| 18 | | (iv) contribute to his or her own support at home | 19 | | or in a foster home.
| 20 | | (e) Upon violation of a term or condition of probation, the | 21 | | court may enter a judgment on its original finding of guilt and | 22 | | proceed as otherwise provided.
| 23 | | (f) At the conclusion of the period of probation, if the | 24 | | court determines that the person has complied with Upon | 25 | | fulfillment of the terms and conditions of probation, the court | 26 | | shall discharge the person and dismiss the proceedings against |
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| 1 | | the person.
| 2 | | (g) A disposition of probation is considered to be a | 3 | | conviction for the purposes of imposing the conditions of | 4 | | probation and for appeal, however, discharge and dismissal | 5 | | under this Section is not a conviction for purposes of this Act | 6 | | or for purposes of disqualifications or disabilities imposed by | 7 | | law upon conviction of a crime.
| 8 | | (h) There may be only one discharge and dismissal under | 9 | | this Section, Section 410 of the Illinois Controlled Substances | 10 | | Act, Section 10 of the Cannabis Control Act, Section 5-6-3.3 or | 11 | | 5-6-3.4 of the Unified Code of Corrections, or subsection (c) | 12 | | of Section 11-14 of the Criminal Code of 1961 or the Criminal | 13 | | Code of 2012 with respect to any person.
| 14 | | (i) If a person is convicted of an offense under this Act, | 15 | | the Cannabis Control Act, or the Illinois Controlled Substances | 16 | | Act within 5 years subsequent to a discharge and dismissal | 17 | | under this Section, the discharge and dismissal under this | 18 | | Section are admissible in the sentencing proceeding for that | 19 | | conviction as evidence in aggravation.
| 20 | | (j) Notwithstanding subsection (a), before a person is | 21 | | sentenced to probation under this Section, the court may refer | 22 | | the person to the drug court established in that judicial | 23 | | circuit pursuant to Section 15 of the Drug Court Treatment Act. | 24 | | The drug court team shall evaluate the person's likelihood of | 25 | | successfully completing a sentence of probation under this | 26 | | Section and shall report the results of its evaluation to the |
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| 1 | | court. If the drug court team finds that the person suffers | 2 | | from a substance abuse problem that makes him or her | 3 | | substantially unlikely to successfully complete a sentence of | 4 | | probation under this Section, then the drug court shall set | 5 | | forth its findings in the form of a written order, and the | 6 | | person shall not be sentenced to probation under this Section, | 7 | | but may be considered for the drug court program. | 8 | | (Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.) | 9 | | Section 20. The Code of Criminal Procedure of 1963 is | 10 | | amended by changing Section 110-14 as follows:
| 11 | | (725 ILCS 5/110-14) (from Ch. 38, par. 110-14)
| 12 | | Sec. 110-14. Credit for Incarceration on Bailable Offense. | 13 | | (a) Any person incarcerated on a bailable offense who does | 14 | | not supply
bail and against whom a fine is levied on conviction | 15 | | of such offense
shall be allowed a credit of $20 $5 for each | 16 | | day so incarcerated upon application
of the defendant. However,
| 17 | | in no case shall the amount so allowed or
credited exceed the | 18 | | amount of the fine. | 19 | | (b) Subsection (a) does not apply to a person incarcerated | 20 | | for sexual assault as defined in paragraph (1) of subsection | 21 | | (a) of Section 5-9-1.7 of the Unified Code of Corrections.
| 22 | | (Source: P.A. 93-699, eff. 1-1-05.)
| 23 | | Section 25. The Unified Code of Corrections is amended by |
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| 1 | | changing Sections 5-3-2 and 5-6-3.1 as follows: | 2 | | (730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)
| 3 | | Sec. 5-3-2. Presentence Report.
| 4 | | (a) In felony cases, the presentence
report shall set | 5 | | forth:
| 6 | | (1) the defendant's history of delinquency or | 7 | | criminality,
physical and mental history and condition, | 8 | | family situation and
background, economic status, | 9 | | education, occupation and personal habits;
| 10 | | (2) information about special resources within the | 11 | | community
which might be available to assist the | 12 | | defendant's rehabilitation,
including treatment centers, | 13 | | residential facilities, vocational
training services, | 14 | | correctional manpower programs, employment
opportunities, | 15 | | special educational programs, alcohol and drug
abuse | 16 | | programming, psychiatric and marriage counseling, and | 17 | | other
programs and facilities which could aid the | 18 | | defendant's successful
reintegration into society;
| 19 | | (3) the effect the offense committed has had upon the | 20 | | victim or
victims thereof, and any compensatory benefit | 21 | | that various
sentencing alternatives would confer on such | 22 | | victim or victims;
| 23 | | (3.5) information provided by the victim's spouse, | 24 | | guardian, parent, grandparent, and other immediate family | 25 | | and household members about the effect the offense |
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| 1 | | committed has had on the victim and on the person providing | 2 | | the information; if the victim's spouse, guardian, parent, | 3 | | grandparent, or other immediate family or household member | 4 | | has provided a written statement, the statement shall be | 5 | | attached to the report; | 6 | | (4) information concerning the defendant's status | 7 | | since arrest,
including his record if released on his own | 8 | | recognizance, or the
defendant's achievement record if | 9 | | released on a conditional
pre-trial supervision program;
| 10 | | (5) when appropriate, a plan, based upon the personal, | 11 | | economic
and social adjustment needs of the defendant, | 12 | | utilizing public and
private community resources as an | 13 | | alternative to institutional
sentencing;
| 14 | | (6) any other matters that the investigatory officer | 15 | | deems
relevant or the court directs to be included; and
| 16 | | (7) information concerning defendant's eligibility for | 17 | | a sentence to a
county impact incarceration program under | 18 | | Section 5-8-1.2 of this Code ; and .
| 19 | | (8) the financial impact of incarceration based on the | 20 | | financial impact statement filed with the clerk of the | 21 | | court by the Department of Corrections. | 22 | | (b) The investigation shall include a physical and mental
| 23 | | examination of the defendant when so ordered by the court. If
| 24 | | the court determines that such an examination should be made, | 25 | | it
shall issue an order that the defendant submit to | 26 | | examination at
such time and place as designated by the court |
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| 1 | | and that such
examination be conducted by a physician, | 2 | | psychologist or
psychiatrist designated by the court. Such an | 3 | | examination may
be conducted in a court clinic if so ordered by | 4 | | the court. The
cost of such examination shall be paid by the | 5 | | county in which
the trial is held.
| 6 | | (b-5) In cases involving felony sex offenses in which the | 7 | | offender is being considered for probation only or any felony | 8 | | offense that is
sexually motivated as defined in the Sex | 9 | | Offender Management Board Act in which the offender is being | 10 | | considered for probation only, the
investigation shall include | 11 | | a sex offender evaluation by an evaluator approved
by the Board | 12 | | and conducted in conformance with the standards developed under
| 13 | | the Sex Offender Management Board Act. In cases in which the | 14 | | offender is being considered for any mandatory prison sentence, | 15 | | the investigation shall not include a sex offender evaluation.
| 16 | | (c) In misdemeanor, business offense or petty offense | 17 | | cases, except as
specified in subsection (d) of this Section, | 18 | | when a presentence report has
been ordered by the court, such | 19 | | presentence report shall contain
information on the | 20 | | defendant's history of delinquency or criminality and
shall | 21 | | further contain only those matters listed in any of paragraphs | 22 | | (1)
through (6) of subsection (a) or in subsection (b) of this | 23 | | Section as are
specified by the court in its order for the | 24 | | report.
| 25 | | (d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or | 26 | | 12-30 of the Criminal
Code of 1961 or the Criminal Code of |
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| 1 | | 2012, the presentence report shall set forth
information about | 2 | | alcohol, drug abuse, psychiatric, and marriage counseling
or | 3 | | other treatment programs and facilities, information on the | 4 | | defendant's
history of delinquency or criminality, and shall | 5 | | contain those additional
matters listed in any of paragraphs | 6 | | (1) through (6) of subsection (a) or in
subsection (b) of this | 7 | | Section as are specified by the court.
| 8 | | (e) Nothing in this Section shall cause the defendant to be
| 9 | | held without bail or to have his bail revoked for the purpose
| 10 | | of preparing the presentence report or making an examination.
| 11 | | (Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; | 12 | | 98-372, eff. 1-1-14.)
| 13 | | (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
| 14 | | Sec. 5-6-3.1. Incidents and conditions of supervision.
| 15 | | (a) When a defendant is placed on supervision, the court | 16 | | shall enter
an order for supervision specifying the period of | 17 | | such supervision, and
shall defer further proceedings in the | 18 | | case until the conclusion of the
period. At the time a | 19 | | defendant is placed on supervision, the court shall set a date | 20 | | at the conclusion of the period to determine whether the | 21 | | defendant has complied with the conditions of supervision.
| 22 | | (b) The period of supervision shall be reasonable under all | 23 | | of the
circumstances of the case, but may not be longer than 2 | 24 | | years, unless the
defendant has failed to pay the assessment | 25 | | required by Section 10.3 of the
Cannabis Control Act,
Section |
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| 1 | | 411.2 of the Illinois Controlled
Substances Act, or Section 80 | 2 | | of the Methamphetamine Control and Community Protection Act, in | 3 | | which case the court may extend supervision beyond 2 years.
| 4 | | Additionally, the court shall order the defendant to perform no | 5 | | less than 30
hours of community service and not more than 120 | 6 | | hours of community service, if
community service is available | 7 | | in the
jurisdiction and is funded and approved by the county | 8 | | board where the offense
was committed,
when the offense (1) was
| 9 | | related to or in furtherance of the criminal activities of an | 10 | | organized gang or
was motivated by the defendant's membership | 11 | | in or allegiance to an organized
gang; or (2) is a violation of | 12 | | any Section of Article 24 of the Criminal
Code of 1961 or the | 13 | | Criminal Code of 2012 where a disposition of supervision is not | 14 | | prohibited by Section
5-6-1 of this Code.
The
community service | 15 | | shall include, but not be limited to, the cleanup and repair
of | 16 | | any damage caused by violation of Section 21-1.3 of the | 17 | | Criminal Code of
1961 or the Criminal Code of 2012 and similar | 18 | | damages to property located within the municipality or county
| 19 | | in which the violation occurred. Where possible and reasonable, | 20 | | the community
service should be performed in the offender's | 21 | | neighborhood.
| 22 | | For the purposes of this
Section, "organized gang" has the | 23 | | meaning ascribed to it in Section 10 of the
Illinois Streetgang | 24 | | Terrorism Omnibus Prevention Act.
| 25 | | (c) The court may in addition to other reasonable | 26 | | conditions
relating to the nature of the offense or the |
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| 1 | | rehabilitation of the
defendant as determined for each | 2 | | defendant in the proper discretion of
the court require that | 3 | | the person:
| 4 | | (1) make a report to and appear in person before or | 5 | | participate with
the court or such courts, person, or | 6 | | social service agency as directed
by the court in the order | 7 | | of supervision;
| 8 | | (2) pay a fine and costs;
| 9 | | (3) work or pursue a course of study or vocational | 10 | | training;
| 11 | | (4) undergo medical, psychological or psychiatric | 12 | | treatment; or
treatment for drug addiction or alcoholism;
| 13 | | (5) attend or reside in a facility established for the | 14 | | instruction
or residence of defendants on probation;
| 15 | | (6) support his dependents;
| 16 | | (7) refrain from possessing a firearm or other | 17 | | dangerous weapon;
| 18 | | (8) and in addition, if a minor:
| 19 | | (i) reside with his parents or in a foster home;
| 20 | | (ii) attend school;
| 21 | | (iii) attend a non-residential program for youth;
| 22 | | (iv) contribute to his own support at home or in a | 23 | | foster home; or
| 24 | | (v) with the consent of the superintendent of the
| 25 | | facility, attend an educational program at a facility | 26 | | other than the school
in which the
offense was |
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| 1 | | committed if he
or she is placed on supervision for a | 2 | | crime of violence as
defined in
Section 2 of the Crime | 3 | | Victims Compensation Act committed in a school, on the
| 4 | | real
property
comprising a school, or within 1,000 feet | 5 | | of the real property comprising a
school;
| 6 | | (9) make restitution or reparation in an amount not to | 7 | | exceed actual
loss or damage to property and pecuniary loss | 8 | | or make restitution under Section
5-5-6 to a domestic | 9 | | violence shelter. The court shall
determine the amount and | 10 | | conditions of payment;
| 11 | | (10) perform some reasonable public or community | 12 | | service;
| 13 | | (11) comply with the terms and conditions of an order | 14 | | of protection
issued by the court pursuant to the Illinois | 15 | | Domestic Violence Act of 1986 or
an order of protection | 16 | | issued by the court of another state, tribe, or United
| 17 | | States territory.
If the court has ordered the defendant to | 18 | | make a report and appear in
person under paragraph (1) of | 19 | | this subsection, a copy of the order of
protection shall be | 20 | | transmitted to the person or agency so designated
by the | 21 | | court;
| 22 | | (12) reimburse any "local anti-crime program" as | 23 | | defined in Section 7 of
the Anti-Crime Advisory Council Act | 24 | | for any reasonable expenses incurred by the
program on the | 25 | | offender's case, not to exceed the maximum amount of the
| 26 | | fine authorized for the offense for which the defendant was |
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| 1 | | sentenced;
| 2 | | (13) contribute a reasonable sum of money, not to
| 3 | | exceed the maximum amount of the fine authorized for the | 4 | | offense for which
the defendant was sentenced, (i) to a | 5 | | "local anti-crime program", as defined
in Section 7 of the | 6 | | Anti-Crime Advisory Council Act, or (ii) for offenses under | 7 | | the jurisdiction of the Department of Natural Resources, to | 8 | | the fund established by the Department of Natural Resources | 9 | | for the purchase of evidence for investigation purposes and | 10 | | to conduct investigations as outlined in Section 805-105 of | 11 | | the Department of Natural Resources (Conservation) Law;
| 12 | | (14) refrain from entering into a designated | 13 | | geographic area except
upon such terms as the court finds | 14 | | appropriate. Such terms may include
consideration of the | 15 | | purpose of the entry, the time of day, other persons
| 16 | | accompanying the defendant, and advance approval by a | 17 | | probation officer;
| 18 | | (15) refrain from having any contact, directly or | 19 | | indirectly, with
certain specified persons or particular | 20 | | types of person, including but not
limited to members of | 21 | | street gangs and drug users or dealers;
| 22 | | (16) refrain from having in his or her body the | 23 | | presence of any illicit
drug prohibited by the Cannabis | 24 | | Control Act, the Illinois Controlled
Substances Act, or the | 25 | | Methamphetamine Control and Community Protection Act, | 26 | | unless prescribed by a physician, and submit samples of
his |
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| 1 | | or her blood or urine or both for tests to determine the | 2 | | presence of any
illicit drug;
| 3 | | (17) refrain from operating any motor vehicle not | 4 | | equipped with an
ignition interlock device as defined in | 5 | | Section 1-129.1 of the Illinois
Vehicle Code; under this | 6 | | condition the court may allow a defendant who is not
| 7 | | self-employed to operate a vehicle owned by the defendant's | 8 | | employer that is
not equipped with an ignition interlock | 9 | | device in the course and scope of the
defendant's | 10 | | employment; and
| 11 | | (18) if placed on supervision for a sex offense as | 12 | | defined in subsection (a-5) of Section 3-1-2 of this Code, | 13 | | unless the offender is a parent or guardian of the person | 14 | | under 18 years of age present in the home and no | 15 | | non-familial minors are present, not participate in a | 16 | | holiday event involving
children
under 18 years of age, | 17 | | such as distributing candy or other items to children on
| 18 | | Halloween,
wearing a Santa Claus costume on or preceding | 19 | | Christmas, being employed as a
department store Santa | 20 | | Claus, or wearing an Easter Bunny costume on or
preceding
| 21 | | Easter. | 22 | | (c-5) If payment of restitution as ordered has not been | 23 | | made, the victim shall file a
petition notifying the sentencing | 24 | | court, any other person to whom restitution is owed, and
the | 25 | | State's Attorney of the status of the ordered restitution | 26 | | payments unpaid at least 90
days before the supervision |
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| 1 | | expiration date. If payment as ordered has not been made, the
| 2 | | court shall hold a review hearing prior to the expiration date, | 3 | | unless the hearing
is voluntarily waived by the defendant with | 4 | | the knowledge that waiver may result in an
extension of the | 5 | | supervision period or in a revocation of supervision. If the | 6 | | court does not
extend supervision, it shall issue a judgment | 7 | | for the unpaid restitution and direct the clerk
of the circuit | 8 | | court to file and enter the judgment in the judgment and lien | 9 | | docket, without
fee, unless it finds that the victim has | 10 | | recovered a judgment against the
defendant for the amount | 11 | | covered by the restitution order. If the court issues a
| 12 | | judgment for the unpaid restitution, the court shall send to | 13 | | the defendant at his or her last known
address written | 14 | | notification that a civil judgment has been issued for the | 15 | | unpaid
restitution. | 16 | | (d) The court shall defer entering any judgment on the | 17 | | charges
until the conclusion of the supervision.
| 18 | | (e) At the conclusion of the period of supervision, if the | 19 | | court
determines that the defendant has successfully complied | 20 | | with all of the
conditions of supervision, the court shall | 21 | | discharge the defendant and
enter a judgment dismissing the | 22 | | charges.
| 23 | | (f) Discharge and dismissal upon a successful conclusion of | 24 | | a
disposition of supervision shall be deemed without | 25 | | adjudication of guilt
and shall not be termed a conviction for | 26 | | purposes of disqualification or
disabilities imposed by law |
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| 1 | | upon conviction of a crime. Two years after the
discharge and | 2 | | dismissal under this Section, unless the disposition of
| 3 | | supervision was for a violation of Sections 3-707, 3-708, | 4 | | 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a | 5 | | similar
provision of a local ordinance, or for a violation of | 6 | | Sections 12-3.2, 16-25,
or 16A-3 of the Criminal Code of 1961 | 7 | | or the Criminal Code of 2012, in which case it shall be 5
years | 8 | | after discharge and dismissal, a person may have his record
of | 9 | | arrest sealed or expunged as may be provided by law. However, | 10 | | any
defendant placed on supervision before January 1, 1980, may | 11 | | move for
sealing or expungement of his arrest record, as | 12 | | provided by law, at any
time after discharge and dismissal | 13 | | under this Section.
A person placed on supervision for a sexual | 14 | | offense committed against a minor
as defined in clause | 15 | | (a)(1)(L) of Section 5.2 of the Criminal Identification Act
or | 16 | | for a violation of Section 11-501 of the Illinois Vehicle Code | 17 | | or a
similar provision of a local ordinance
shall not have his | 18 | | or her record of arrest sealed or expunged.
| 19 | | (g) A defendant placed on supervision and who during the | 20 | | period of
supervision undergoes mandatory drug or alcohol | 21 | | testing, or both, or is
assigned to be placed on an approved | 22 | | electronic monitoring device, shall be
ordered to pay the costs | 23 | | incidental to such mandatory drug or alcohol
testing, or both, | 24 | | and costs incidental to such approved electronic
monitoring in | 25 | | accordance with the defendant's ability to pay those costs.
The | 26 | | county board with the concurrence of the Chief Judge of the |
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| 1 | | judicial
circuit in which the county is located shall establish | 2 | | reasonable fees for
the cost of maintenance, testing, and | 3 | | incidental expenses related to the
mandatory drug or alcohol | 4 | | testing, or both, and all costs incidental to
approved | 5 | | electronic monitoring, of all defendants placed on | 6 | | supervision.
The concurrence of the Chief Judge shall be in the | 7 | | form of an
administrative order.
The fees shall be collected by | 8 | | the clerk of the circuit court, except as provided in an | 9 | | administrative order of the Chief Judge of the circuit court. | 10 | | The clerk of
the circuit court shall pay all moneys collected | 11 | | from these fees to the county
treasurer who shall use the | 12 | | moneys collected to defray the costs of
drug testing, alcohol | 13 | | testing, and electronic monitoring.
The county treasurer shall | 14 | | deposit the fees collected in the
county working cash fund | 15 | | under Section 6-27001 or Section 6-29002 of the
Counties Code, | 16 | | as the case may be.
| 17 | | The Chief Judge of the circuit court of the county may by | 18 | | administrative order establish a program for electronic | 19 | | monitoring of offenders, in which a vendor supplies and | 20 | | monitors the operation of the electronic monitoring device, and | 21 | | collects the fees on behalf of the county. The program shall | 22 | | include provisions for indigent offenders and the collection of | 23 | | unpaid fees. The program shall not unduly burden the offender | 24 | | and shall be subject to review by the Chief Judge. | 25 | | The Chief Judge of the circuit court may suspend any | 26 | | additional charges or fees for late payment, interest, or |
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| 1 | | damage to any device. | 2 | | (h) A disposition of supervision is a final order for the | 3 | | purposes
of appeal.
| 4 | | (i) The court shall impose upon a defendant placed on | 5 | | supervision
after January 1, 1992 or to community service under | 6 | | the supervision of a
probation or court services department | 7 | | after January 1, 2004, as a condition
of supervision or | 8 | | supervised community service, a fee of $50 for
each month of | 9 | | supervision or supervised community service ordered by the
| 10 | | court, unless after
determining the inability of the person | 11 | | placed on supervision or supervised
community service to pay | 12 | | the
fee, the court assesses a lesser fee. The court may not | 13 | | impose the fee on a
minor who is made a ward of the State under | 14 | | the Juvenile Court Act of 1987
while the minor is in placement.
| 15 | | The fee shall be imposed only upon a
defendant who is actively | 16 | | supervised by the
probation and court services
department. The | 17 | | fee shall be collected by the clerk of the circuit court.
The | 18 | | clerk of the circuit court shall pay all monies collected from | 19 | | this fee
to the county treasurer for deposit in the probation | 20 | | and court services
fund pursuant to Section 15.1 of the | 21 | | Probation and
Probation Officers Act.
| 22 | | A circuit court may not impose a probation fee in excess of | 23 | | $25
per month unless the circuit court has adopted, by | 24 | | administrative
order issued by the chief judge, a standard | 25 | | probation fee guide
determining an offender's ability to pay. | 26 | | Of the
amount collected as a probation fee, not to exceed $5 of |
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| 1 | | that fee
collected per month may be used to provide services to | 2 | | crime victims
and their families. | 3 | | The Court may only waive probation fees based on an | 4 | | offender's ability to pay. The probation department may | 5 | | re-evaluate an offender's ability to pay every 6 months, and, | 6 | | with the approval of the Director of Court Services or the | 7 | | Chief Probation Officer, adjust the monthly fee amount. An | 8 | | offender may elect to pay probation fees due in a lump sum.
Any | 9 | | offender that has been assigned to the supervision of a | 10 | | probation department, or has been transferred either under | 11 | | subsection (h) of this Section or under any interstate compact, | 12 | | shall be required to pay probation fees to the department | 13 | | supervising the offender, based on the offender's ability to | 14 | | pay.
| 15 | | (j) All fines and costs imposed under this Section for any
| 16 | | violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle | 17 | | Code, or a
similar provision of a local ordinance, and any | 18 | | violation of the Child
Passenger Protection Act, or a similar | 19 | | provision of a local ordinance, shall
be collected and | 20 | | disbursed by the circuit clerk as provided under Section
27.5 | 21 | | of the Clerks of Courts Act.
| 22 | | (k) A defendant at least 17 years of age who is placed on | 23 | | supervision
for a misdemeanor in a county of 3,000,000 or more | 24 | | inhabitants
and who has not been previously convicted of a | 25 | | misdemeanor or felony
may as a condition of his or her | 26 | | supervision be required by the court to
attend educational |
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| 1 | | courses designed to prepare the defendant for a high school
| 2 | | diploma and to work toward a high school diploma or to work | 3 | | toward passing high school equivalency testing or to work
| 4 | | toward completing a vocational training program approved by the | 5 | | court. The
defendant placed on supervision must attend a public | 6 | | institution of education
to obtain the educational or | 7 | | vocational training required by this subsection
(k). The | 8 | | defendant placed on supervision shall be required to pay for | 9 | | the cost
of the educational courses or high school equivalency | 10 | | testing if a fee is charged for those courses
or testing. The | 11 | | court shall revoke the supervision of a person who wilfully | 12 | | fails
to comply with this subsection (k). The court shall | 13 | | resentence the defendant
upon revocation of supervision as | 14 | | provided in Section 5-6-4. This subsection
(k) does not apply | 15 | | to a defendant who has a high school diploma or has
| 16 | | successfully passed high school equivalency testing. This | 17 | | subsection (k) does not apply to a
defendant who is determined | 18 | | by the court to be a person with a developmental disability or
| 19 | | otherwise mentally incapable of completing the
educational or | 20 | | vocational program.
| 21 | | (l) The court shall require a defendant placed on | 22 | | supervision for
possession of a substance
prohibited by the | 23 | | Cannabis Control Act, the Illinois Controlled Substances Act, | 24 | | or the Methamphetamine Control and Community Protection Act
| 25 | | after a previous conviction or disposition of supervision for | 26 | | possession of a
substance prohibited by the Cannabis Control |
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| 1 | | Act, the Illinois Controlled
Substances Act, or the | 2 | | Methamphetamine Control and Community Protection Act or a | 3 | | sentence of probation under Section 10 of the Cannabis
Control | 4 | | Act or Section 410 of the Illinois Controlled Substances Act
| 5 | | and after a finding by the court that the person is addicted, | 6 | | to undergo
treatment at a substance abuse program approved by | 7 | | the court.
| 8 | | (m) The Secretary of State shall require anyone placed on | 9 | | court supervision
for a
violation of Section 3-707 of the | 10 | | Illinois Vehicle Code or a similar provision
of a local | 11 | | ordinance
to give proof of his or her financial
responsibility | 12 | | as
defined in Section 7-315 of the Illinois Vehicle Code. The | 13 | | proof shall be
maintained by the individual in a manner | 14 | | satisfactory to the Secretary of State
for
a
minimum period of | 15 | | 3 years after the date the proof is first filed.
The proof | 16 | | shall be limited to a single action per arrest and may not be
| 17 | | affected by any post-sentence disposition. The Secretary of | 18 | | State shall
suspend the driver's license of any person
| 19 | | determined by the Secretary to be in violation of this | 20 | | subsection. | 21 | | (n) Any offender placed on supervision for any offense that | 22 | | the court or probation department has determined to be sexually | 23 | | motivated as defined in the Sex Offender Management Board Act | 24 | | shall be required to refrain from any contact, directly or | 25 | | indirectly, with any persons specified by the court and shall | 26 | | be available for all evaluations and treatment programs |
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| 1 | | required by the court or the probation department.
| 2 | | (o) An offender placed on supervision for a sex offense as | 3 | | defined in the Sex Offender
Management Board Act shall refrain | 4 | | from residing at the same address or in the same condominium | 5 | | unit or apartment unit or in the same condominium complex or | 6 | | apartment complex with another person he or she knows or | 7 | | reasonably should know is a convicted sex offender or has been | 8 | | placed on supervision for a sex offense. The provisions of this | 9 | | subsection (o) do not apply to a person convicted of a sex | 10 | | offense who is placed in a Department of Corrections licensed | 11 | | transitional housing facility for sex offenders. | 12 | | (p) An offender placed on supervision for an offense | 13 | | committed on or after June 1, 2008
(the effective date of | 14 | | Public Act 95-464)
that would qualify the accused as a child | 15 | | sex offender as defined in Section 11-9.3 or 11-9.4 of the | 16 | | Criminal Code of 1961 or the Criminal Code of 2012 shall | 17 | | refrain from communicating with or contacting, by means of the | 18 | | Internet, a person who is not related to the accused and whom | 19 | | the accused reasonably believes to be under 18 years of age. | 20 | | For purposes of this subsection (p), "Internet" has the meaning | 21 | | ascribed to it in Section 16-0.1 of the Criminal Code of 2012; | 22 | | and a person is not related to the accused if the person is | 23 | | not: (i) the spouse, brother, or sister of the accused; (ii) a | 24 | | descendant of the accused; (iii) a first or second cousin of | 25 | | the accused; or (iv) a step-child or adopted child of the | 26 | | accused.
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| 1 | | (q) An offender placed on supervision for an offense | 2 | | committed on or after June 1, 2008
(the effective date of | 3 | | Public Act 95-464)
that would qualify the accused as a child | 4 | | sex offender as defined in Section 11-9.3 or 11-9.4 of the | 5 | | Criminal Code of 1961 or the Criminal Code of 2012 shall, if so | 6 | | ordered by the court, refrain from communicating with or | 7 | | contacting, by means of the Internet, a person who is related | 8 | | to the accused and whom the accused reasonably believes to be | 9 | | under 18 years of age. For purposes of this subsection (q), | 10 | | "Internet" has the meaning ascribed to it in Section 16-0.1 of | 11 | | the Criminal Code of 2012; and a person is related to the | 12 | | accused if the person is: (i) the spouse, brother, or sister of | 13 | | the accused; (ii) a descendant of the accused; (iii) a first or | 14 | | second cousin of the accused; or (iv) a step-child or adopted | 15 | | child of the accused.
| 16 | | (r) An offender placed on supervision for an offense under | 17 | | Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a | 18 | | juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or | 19 | | 11-21 of the Criminal Code of 1961 or the Criminal Code of | 20 | | 2012, or any attempt to commit any of these offenses, committed | 21 | | on or after June 1, 2009 ( the effective date of Public Act | 22 | | 95-983) this amendatory Act of the 95th General Assembly shall: | 23 | | (i) not access or use a computer or any other device | 24 | | with Internet capability without the prior written | 25 | | approval of the court, except in connection with the | 26 | | offender's employment or search for employment with the |
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| 1 | | prior approval of the court; | 2 | | (ii) submit to periodic unannounced examinations of | 3 | | the offender's computer or any other device with Internet | 4 | | capability by the offender's probation officer, a law | 5 | | enforcement officer, or assigned computer or information | 6 | | technology specialist, including the retrieval and copying | 7 | | of all data from the computer or device and any internal or | 8 | | external peripherals and removal of such information, | 9 | | equipment, or device to conduct a more thorough inspection; | 10 | | (iii) submit to the installation on the offender's | 11 | | computer or device with Internet capability, at the | 12 | | offender's expense, of one or more hardware or software | 13 | | systems to monitor the Internet use; and | 14 | | (iv) submit to any other appropriate restrictions | 15 | | concerning the offender's use of or access to a computer or | 16 | | any other device with Internet capability imposed by the | 17 | | court. | 18 | | (s) An offender placed on supervision for an offense that | 19 | | is a sex offense as defined in Section 2 of the Sex Offender | 20 | | Registration Act that is committed on or after January 1, 2010 | 21 | | (the effective date of Public Act 96-362) that requires the | 22 | | person to register as a sex offender under that Act, may not | 23 | | knowingly use any computer scrub software on any computer that | 24 | | the sex offender uses. | 25 | | (t) An offender placed on supervision for a sex offense as | 26 | | defined in the Sex Offender
Registration Act committed on or |
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| 1 | | after January 1, 2010 (the effective date of Public Act 96-262) | 2 | | shall refrain from accessing or using a social networking | 3 | | website as defined in Section 17-0.5 of the Criminal Code of | 4 | | 2012. | 5 | | (u) Jurisdiction over an offender may be transferred from | 6 | | the sentencing court to the court of another circuit with the | 7 | | concurrence of both courts. Further transfers or retransfers of | 8 | | jurisdiction are also authorized in the same manner. The court | 9 | | to which jurisdiction has been transferred shall have the same | 10 | | powers as the sentencing court. The probation department within | 11 | | the circuit to which jurisdiction has been transferred may | 12 | | impose probation fees upon receiving the transferred offender, | 13 | | as provided in subsection (i). The probation department from | 14 | | the original sentencing court shall retain all probation fees | 15 | | collected prior to the transfer. | 16 | | (Source: P.A. 98-718, eff. 1-1-15; 98-940, eff. 1-1-15; 99-78, | 17 | | eff. 7-20-15; 99-143, eff. 7-27-15; 99-642, eff. 7-28-16; | 18 | | 99-797, eff. 8-12-16; revised 9-1-16.)
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