Full Text of HB3417 097th General Assembly
HB3417enr 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 5-6-3 and 5-6-3.1 as follows: | 6 | | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
| 7 | | Sec. 5-6-3. Conditions of Probation and of Conditional | 8 | | Discharge.
| 9 | | (a) The conditions of probation and of conditional | 10 | | discharge shall be
that the person:
| 11 | | (1) not violate any criminal statute of any | 12 | | jurisdiction;
| 13 | | (2) report to or appear in person before such person or | 14 | | agency as
directed by the court;
| 15 | | (3) refrain from possessing a firearm or other | 16 | | dangerous weapon where the offense is a felony or, if a | 17 | | misdemeanor, the offense involved the intentional or | 18 | | knowing infliction of bodily harm or threat of bodily harm;
| 19 | | (4) not leave the State without the consent of the | 20 | | court or, in
circumstances in which the reason for the | 21 | | absence is of such an emergency
nature that prior consent | 22 | | by the court is not possible, without the prior
| 23 | | notification and approval of the person's probation
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| 1 | | officer. Transfer of a person's probation or conditional | 2 | | discharge
supervision to another state is subject to | 3 | | acceptance by the other state
pursuant to the Interstate | 4 | | Compact for Adult Offender Supervision;
| 5 | | (5) permit the probation officer to visit
him at his | 6 | | home or elsewhere
to the extent necessary to discharge his | 7 | | duties;
| 8 | | (6) perform no less than 30 hours of community service | 9 | | and not more than
120 hours of community service, if | 10 | | community service is available in the
jurisdiction and is | 11 | | funded and approved by the county board where the offense
| 12 | | was committed, where the offense was related to or in | 13 | | furtherance of the
criminal activities of an organized gang | 14 | | and was motivated by the offender's
membership in or | 15 | | allegiance to an organized gang. The community service | 16 | | shall
include, but not be limited to, the cleanup and | 17 | | repair of any damage caused by
a violation of Section | 18 | | 21-1.3 of the Criminal Code of 1961 and similar damage
to | 19 | | property located within the municipality or county in which | 20 | | the violation
occurred. When possible and reasonable, the | 21 | | community service should be
performed in the offender's | 22 | | neighborhood. For purposes of this Section,
"organized | 23 | | gang" has the meaning ascribed to it in Section 10 of the | 24 | | Illinois
Streetgang Terrorism Omnibus Prevention Act;
| 25 | | (7) if he or she is at least 17 years of age and has | 26 | | been sentenced to
probation or conditional discharge for a |
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| 1 | | misdemeanor or felony in a county of
3,000,000 or more | 2 | | inhabitants and has not been previously convicted of a
| 3 | | misdemeanor or felony, may be required by the sentencing | 4 | | court to attend
educational courses designed to prepare the | 5 | | defendant for a high school diploma
and to work toward a | 6 | | high school diploma or to work toward passing the high
| 7 | | school level Test of General Educational Development (GED) | 8 | | or to work toward
completing a vocational training program | 9 | | approved by the court. The person on
probation or | 10 | | conditional discharge must attend a public institution of
| 11 | | education to obtain the educational or vocational training | 12 | | required by this
clause (7). The court shall revoke the | 13 | | probation or conditional discharge of a
person who wilfully | 14 | | fails to comply with this clause (7). The person on
| 15 | | probation or conditional discharge shall be required to pay | 16 | | for the cost of the
educational courses or GED test, if a | 17 | | fee is charged for those courses or
test. The court shall | 18 | | resentence the offender whose probation or conditional
| 19 | | discharge has been revoked as provided in Section 5-6-4. | 20 | | This clause (7) does
not apply to a person who has a high | 21 | | school diploma or has successfully passed
the GED test. | 22 | | This clause (7) does not apply to a person who is | 23 | | determined by
the court to be developmentally disabled or | 24 | | otherwise mentally incapable of
completing the educational | 25 | | or vocational program;
| 26 | | (8) if convicted of possession of a substance |
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| 1 | | prohibited
by the Cannabis Control Act, the Illinois | 2 | | Controlled Substances Act, or the Methamphetamine Control | 3 | | and Community Protection Act
after a previous conviction or | 4 | | disposition of supervision for possession of a
substance | 5 | | prohibited by the Cannabis Control Act or Illinois | 6 | | Controlled
Substances Act or after a sentence of probation | 7 | | under Section 10 of the
Cannabis
Control Act, Section 410 | 8 | | of the Illinois Controlled Substances Act, or Section 70 of | 9 | | the Methamphetamine Control and Community Protection Act | 10 | | and upon a
finding by the court that the person is | 11 | | addicted, undergo treatment at a
substance abuse program | 12 | | approved by the court;
| 13 | | (8.5) if convicted of a felony sex offense as defined | 14 | | in the Sex
Offender
Management Board Act, the person shall | 15 | | undergo and successfully complete sex
offender treatment | 16 | | by a treatment provider approved by the Board and conducted
| 17 | | in conformance with the standards developed under the Sex
| 18 | | Offender Management Board Act;
| 19 | | (8.6) if convicted of a sex offense as defined in the | 20 | | Sex Offender Management Board Act, refrain from residing at | 21 | | the same address or in the same condominium unit or | 22 | | apartment unit or in the same condominium complex or | 23 | | apartment complex with another person he or she knows or | 24 | | reasonably should know is a convicted sex offender or has | 25 | | been placed on supervision for a sex offense; the | 26 | | provisions of this paragraph do not apply to a person |
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| 1 | | convicted of a sex offense who is placed in a Department of | 2 | | Corrections licensed transitional housing facility for sex | 3 | | offenders; | 4 | | (8.7) if convicted for an offense committed on or after | 5 | | June 1, 2008 (the effective date of Public Act 95-464) that | 6 | | would qualify the accused as a child sex offender as | 7 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | 8 | | 1961, refrain from communicating with or contacting, by | 9 | | means of the Internet, a person who is not related to the | 10 | | accused and whom the accused reasonably believes to be | 11 | | under 18 years of age; for purposes of this paragraph | 12 | | (8.7), "Internet" has the meaning ascribed to it in Section | 13 | | 16J-5 of the Criminal Code of 1961; and a person is not | 14 | | related to the accused if the person is not: (i) the | 15 | | spouse, brother, or sister of the accused; (ii) a | 16 | | descendant of the accused; (iii) a first or second cousin | 17 | | of the accused; or (iv) a step-child or adopted child of | 18 | | the accused; | 19 | | (8.8) if convicted for an offense under Section 11-6, | 20 | | 11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal | 21 | | Code of 1961, or any attempt to commit any of these | 22 | | offenses, committed on or after June 1, 2009 (the effective | 23 | | date of Public Act 95-983): | 24 | | (i) not access or use a computer or any other | 25 | | device with Internet capability without the prior | 26 | | written approval of the offender's probation officer, |
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| 1 | | except in connection with the offender's employment or | 2 | | search for employment with the prior approval of the | 3 | | offender's probation officer; | 4 | | (ii) submit to periodic unannounced examinations | 5 | | of the offender's computer or any other device with | 6 | | Internet capability by the offender's probation | 7 | | officer, a law enforcement officer, or assigned | 8 | | computer or information technology specialist, | 9 | | including the retrieval and copying of all data from | 10 | | the computer or device and any internal or external | 11 | | peripherals and removal of such information, | 12 | | equipment, or device to conduct a more thorough | 13 | | inspection; | 14 | | (iii) submit to the installation on the offender's | 15 | | computer or device with Internet capability, at the | 16 | | offender's expense, of one or more hardware or software | 17 | | systems to monitor the Internet use; and | 18 | | (iv) submit to any other appropriate restrictions | 19 | | concerning the offender's use of or access to a | 20 | | computer or any other device with Internet capability | 21 | | imposed by the offender's probation officer; | 22 | | (8.9) if convicted of a sex offense as defined in the | 23 | | Sex Offender
Registration Act committed on or after January | 24 | | 1, 2010 (the effective date of Public Act 96-262), refrain | 25 | | from accessing or using a social networking website as | 26 | | defined in Section 16D-2 of the Criminal Code of 1961;
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| 1 | | (9) if convicted of a felony, physically surrender at a | 2 | | time and place
designated by the court, his or her Firearm
| 3 | | Owner's Identification Card and
any and all firearms in
his | 4 | | or her possession;
| 5 | | (10) if convicted of a sex offense as defined in | 6 | | subsection (a-5) of Section 3-1-2 of this Code, unless the | 7 | | offender is a parent or guardian of the person under 18 | 8 | | years of age present in the home and no non-familial minors | 9 | | are present, not participate in a holiday event involving | 10 | | children under 18 years of age, such as distributing candy | 11 | | or other items to children on Halloween, wearing a Santa | 12 | | Claus costume on or preceding Christmas, being employed as | 13 | | a department store Santa Claus, or wearing an Easter Bunny | 14 | | costume on or preceding Easter; and | 15 | | (11) if convicted of a sex offense as defined in | 16 | | Section 2 of the Sex Offender Registration Act committed on | 17 | | or after January 1, 2010 (the effective date of Public Act | 18 | | 96-362) that requires the person to register as a sex | 19 | | offender under that Act, may not knowingly use any computer | 20 | | scrub software on any computer that the sex offender uses. | 21 | | (b) The Court may in addition to other reasonable | 22 | | conditions relating to the
nature of the offense or the | 23 | | rehabilitation of the defendant as determined for
each | 24 | | defendant in the proper discretion of the Court require that | 25 | | the person:
| 26 | | (1) serve a term of periodic imprisonment under Article |
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| 1 | | 7 for a
period not to exceed that specified in paragraph | 2 | | (d) of Section 5-7-1;
| 3 | | (2) pay a fine and costs;
| 4 | | (3) work or pursue a course of study or vocational | 5 | | training;
| 6 | | (4) undergo medical, psychological or psychiatric | 7 | | treatment; or treatment
for drug addiction or alcoholism;
| 8 | | (5) attend or reside in a facility established for the | 9 | | instruction
or residence of defendants on probation;
| 10 | | (6) support his dependents;
| 11 | | (7) and in addition, if a minor:
| 12 | | (i) reside with his parents or in a foster home;
| 13 | | (ii) attend school;
| 14 | | (iii) attend a non-residential program for youth;
| 15 | | (iv) contribute to his own support at home or in a | 16 | | foster home;
| 17 | | (v) with the consent of the superintendent of the
| 18 | | facility, attend an educational program at a facility | 19 | | other than the school
in which the
offense was | 20 | | committed if he
or she is convicted of a crime of | 21 | | violence as
defined in
Section 2 of the Crime Victims | 22 | | Compensation Act committed in a school, on the
real
| 23 | | property
comprising a school, or within 1,000 feet of | 24 | | the real property comprising a
school;
| 25 | | (8) make restitution as provided in Section 5-5-6 of | 26 | | this Code;
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| 1 | | (9) perform some reasonable public or community | 2 | | service;
| 3 | | (10) serve a term of home confinement. In addition to | 4 | | any other
applicable condition of probation or conditional | 5 | | discharge, the
conditions of home confinement shall be that | 6 | | the offender:
| 7 | | (i) remain within the interior premises of the | 8 | | place designated for
his confinement during the hours | 9 | | designated by the court;
| 10 | | (ii) admit any person or agent designated by the | 11 | | court into the
offender's place of confinement at any | 12 | | time for purposes of verifying
the offender's | 13 | | compliance with the conditions of his confinement; and
| 14 | | (iii) if further deemed necessary by the court or | 15 | | the
Probation or
Court Services Department, be placed | 16 | | on an approved
electronic monitoring device, subject | 17 | | to Article 8A of Chapter V;
| 18 | | (iv) for persons convicted of any alcohol, | 19 | | cannabis or controlled
substance violation who are | 20 | | placed on an approved monitoring device as a
condition | 21 | | of probation or conditional discharge, the court shall | 22 | | impose a
reasonable fee for each day of the use of the | 23 | | device, as established by the
county board in | 24 | | subsection (g) of this Section, unless after | 25 | | determining the
inability of the offender to pay the | 26 | | fee, the court assesses a lesser fee or no
fee as the |
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| 1 | | case may be. This fee shall be imposed in addition to | 2 | | the fees
imposed under subsections (g) and (i) of this | 3 | | Section. The fee shall be
collected by the clerk of the | 4 | | circuit court. The clerk of the circuit
court shall pay | 5 | | all monies collected from this fee to the county | 6 | | treasurer
for deposit in the substance abuse services | 7 | | fund under Section 5-1086.1 of
the Counties Code; and
| 8 | | (v) for persons convicted of offenses other than | 9 | | those referenced in
clause (iv) above and who are | 10 | | placed on an approved monitoring device as a
condition | 11 | | of probation or conditional discharge, the court shall | 12 | | impose
a reasonable fee for each day of the use of the | 13 | | device, as established by the
county board in | 14 | | subsection (g) of this Section, unless after | 15 | | determining the
inability of the defendant to pay the | 16 | | fee, the court assesses a lesser fee or
no fee as the | 17 | | case may be. This fee shall be imposed in addition to | 18 | | the fees
imposed under subsections (g) and (i) of this | 19 | | Section. The fee
shall be collected by the clerk of the | 20 | | circuit court. The clerk of the circuit
court shall pay | 21 | | all monies collected from this fee
to the county | 22 | | treasurer who shall use the monies collected to defray | 23 | | the
costs of corrections. The county treasurer shall | 24 | | deposit the fee
collected in the probation and court | 25 | | services fund county working cash fund under Section | 26 | | 6-27001 or Section
6-29002 of the Counties Code, as the |
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| 1 | | case may be .
| 2 | | (11) comply with the terms and conditions of an order | 3 | | of protection issued
by the court pursuant to the Illinois | 4 | | Domestic Violence Act of 1986,
as now or hereafter amended, | 5 | | or an order of protection issued by the court of
another | 6 | | state, tribe, or United States territory. A copy of the | 7 | | order of
protection shall be
transmitted to the probation | 8 | | officer or agency
having responsibility for the case;
| 9 | | (12) reimburse any "local anti-crime program" as | 10 | | defined in Section 7
of the Anti-Crime Advisory Council Act | 11 | | for any reasonable expenses incurred
by the program on the | 12 | | offender's case, not to exceed the maximum amount of
the | 13 | | fine authorized for the offense for which the defendant was | 14 | | sentenced;
| 15 | | (13) contribute a reasonable sum of money, not to | 16 | | exceed the maximum
amount of the fine authorized for the
| 17 | | offense for which the defendant was sentenced, (i) to a | 18 | | "local anti-crime
program", as defined in Section 7 of the | 19 | | Anti-Crime Advisory Council Act, or (ii) for offenses under | 20 | | the jurisdiction of the Department of Natural Resources, to | 21 | | the fund established by the Department of Natural Resources | 22 | | for the purchase of evidence for investigation purposes and | 23 | | to conduct investigations as outlined in Section 805-105 of | 24 | | the Department of Natural Resources (Conservation) Law;
| 25 | | (14) refrain from entering into a designated | 26 | | geographic area except upon
such terms as the court finds |
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| 1 | | appropriate. Such terms may include
consideration of the | 2 | | purpose of the entry, the time of day, other persons
| 3 | | accompanying the defendant, and advance approval by a
| 4 | | probation officer, if
the defendant has been placed on | 5 | | probation or advance approval by the
court, if the | 6 | | defendant was placed on conditional discharge;
| 7 | | (15) refrain from having any contact, directly or | 8 | | indirectly, with
certain specified persons or particular | 9 | | types of persons, including but not
limited to members of | 10 | | street gangs and drug users or dealers;
| 11 | | (16) refrain from having in his or her body the | 12 | | presence of any illicit
drug prohibited by the Cannabis | 13 | | Control Act, the Illinois Controlled
Substances Act, or the | 14 | | Methamphetamine Control and Community Protection Act, | 15 | | unless prescribed by a physician, and submit samples of
his | 16 | | or her blood or urine or both for tests to determine the | 17 | | presence of any
illicit drug;
| 18 | | (17) if convicted for an offense committed on or after | 19 | | June 1, 2008 (the effective date of Public Act 95-464) that | 20 | | would qualify the accused as a child sex offender as | 21 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | 22 | | 1961, refrain from communicating with or contacting, by | 23 | | means of the Internet, a person who is related to the | 24 | | accused and whom the accused reasonably believes to be | 25 | | under 18 years of age; for purposes of this paragraph (17), | 26 | | "Internet" has the meaning ascribed to it in Section 16J-5 |
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| 1 | | of the Criminal Code of 1961; and a person is related to | 2 | | the accused if the person is: (i) the spouse, brother, or | 3 | | sister of the accused; (ii) a descendant of the accused; | 4 | | (iii) a first or second cousin of the accused; or (iv) a | 5 | | step-child or adopted child of the accused; | 6 | | (18) if convicted for an offense committed on or after | 7 | | June 1, 2009 (the effective date of Public Act 95-983) that | 8 | | would qualify as a sex offense as defined in the Sex | 9 | | Offender Registration Act: | 10 | | (i) not access or use a computer or any other | 11 | | device with Internet capability without the prior | 12 | | written approval of the offender's probation officer, | 13 | | except in connection with the offender's employment or | 14 | | search for employment with the prior approval of the | 15 | | offender's probation officer; | 16 | | (ii) submit to periodic unannounced examinations | 17 | | of the offender's computer or any other device with | 18 | | Internet capability by the offender's probation | 19 | | officer, a law enforcement officer, or assigned | 20 | | computer or information technology specialist, | 21 | | including the retrieval and copying of all data from | 22 | | the computer or device and any internal or external | 23 | | peripherals and removal of such information, | 24 | | equipment, or device to conduct a more thorough | 25 | | inspection; | 26 | | (iii) submit to the installation on the offender's |
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| 1 | | computer or device with Internet capability, at the | 2 | | subject's expense, of one or more hardware or software | 3 | | systems to monitor the Internet use; and | 4 | | (iv) submit to any other appropriate restrictions | 5 | | concerning the offender's use of or access to a | 6 | | computer or any other device with Internet capability | 7 | | imposed by the offender's probation officer; and | 8 | | (19) refrain from possessing a firearm or other | 9 | | dangerous weapon where the offense is a misdemeanor that | 10 | | did not involve the intentional or knowing infliction of | 11 | | bodily harm or threat of bodily harm. | 12 | | (c) The court may as a condition of probation or of | 13 | | conditional
discharge require that a person under 18 years of | 14 | | age found guilty of any
alcohol, cannabis or controlled | 15 | | substance violation, refrain from acquiring
a driver's license | 16 | | during
the period of probation or conditional discharge. If | 17 | | such person
is in possession of a permit or license, the court | 18 | | may require that
the minor refrain from driving or operating | 19 | | any motor vehicle during the
period of probation or conditional | 20 | | discharge, except as may be necessary in
the course of the | 21 | | minor's lawful employment.
| 22 | | (d) An offender sentenced to probation or to conditional | 23 | | discharge
shall be given a certificate setting forth the | 24 | | conditions thereof.
| 25 | | (e) Except where the offender has committed a fourth or | 26 | | subsequent
violation of subsection (c) of Section 6-303 of the |
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| 1 | | Illinois Vehicle Code,
the court shall not require as a | 2 | | condition of the sentence of
probation or conditional discharge | 3 | | that the offender be committed to a
period of imprisonment in | 4 | | excess of 6 months.
This 6 month limit shall not include | 5 | | periods of confinement given pursuant to
a sentence of county | 6 | | impact incarceration under Section 5-8-1.2.
| 7 | | Persons committed to imprisonment as a condition of | 8 | | probation or
conditional discharge shall not be committed to | 9 | | the Department of
Corrections.
| 10 | | (f) The court may combine a sentence of periodic | 11 | | imprisonment under
Article 7 or a sentence to a county impact | 12 | | incarceration program under
Article 8 with a sentence of | 13 | | probation or conditional discharge.
| 14 | | (g) An offender sentenced to probation or to conditional | 15 | | discharge and
who during the term of either undergoes mandatory | 16 | | drug or alcohol testing,
or both, or is assigned to be placed | 17 | | on an approved electronic monitoring
device, shall be ordered | 18 | | to pay all costs incidental to such mandatory drug
or alcohol | 19 | | testing, or both, and all costs
incidental to such approved | 20 | | electronic monitoring in accordance with the
defendant's | 21 | | ability to pay those costs. The county board with
the | 22 | | concurrence of the Chief Judge of the judicial
circuit in which | 23 | | the county is located shall establish reasonable fees for
the | 24 | | cost of maintenance, testing, and incidental expenses related | 25 | | to the
mandatory drug or alcohol testing, or both, and all | 26 | | costs incidental to
approved electronic monitoring, involved |
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| 1 | | in a successful probation program
for the county. The | 2 | | concurrence of the Chief Judge shall be in the form of
an | 3 | | administrative order.
The fees shall be collected by the clerk | 4 | | of the circuit court. The clerk of
the circuit court shall pay | 5 | | all moneys collected from these fees to the county
treasurer | 6 | | who shall use the moneys collected to defray the costs of
drug | 7 | | testing, alcohol testing, and electronic monitoring.
The | 8 | | county treasurer shall deposit the fees collected in the
county | 9 | | working cash fund under Section 6-27001 or Section 6-29002 of | 10 | | the
Counties Code, as the case may be.
| 11 | | (h) Jurisdiction over an offender may be transferred from | 12 | | the
sentencing court to the court of another circuit with the | 13 | | concurrence of
both courts. Further transfers or retransfers of
| 14 | | jurisdiction are also
authorized in the same manner. The court | 15 | | to which jurisdiction has been
transferred shall have the same | 16 | | powers as the sentencing court.
The probation department within | 17 | | the circuit to which jurisdiction has been transferred may | 18 | | impose probation fees upon receiving the transferred offender, | 19 | | as provided in subsection (i). The probation department from | 20 | | the original sentencing court shall retain all probation fees | 21 | | collected prior to the transfer.
| 22 | | (i) The court shall impose upon an offender
sentenced to | 23 | | probation after January 1, 1989 or to conditional discharge
| 24 | | after January 1, 1992 or to community service under the | 25 | | supervision of a
probation or court services department after | 26 | | January 1, 2004, as a condition of such probation or |
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| 1 | | conditional
discharge or supervised community service, a fee of | 2 | | $50
for each month of probation or
conditional
discharge | 3 | | supervision or supervised community service ordered by the | 4 | | court, unless after
determining the inability of the person | 5 | | sentenced to probation or conditional
discharge or supervised | 6 | | community service to pay the
fee, the court assesses a lesser | 7 | | fee. The court may not impose the fee on a
minor who is made a | 8 | | ward of the State under the Juvenile Court Act of 1987
while | 9 | | the minor is in placement.
The fee shall be imposed only upon
| 10 | | an offender who is actively supervised by the
probation and | 11 | | court services
department. The fee shall be collected by the | 12 | | clerk
of the circuit court. The clerk of the circuit court | 13 | | shall pay all monies
collected from this fee to the county | 14 | | treasurer for deposit in the
probation and court services fund | 15 | | under Section 15.1 of the
Probation and Probation Officers Act.
| 16 | | A circuit court may not impose a probation fee under this | 17 | | subsection (i) in excess of $25
per month unless the circuit | 18 | | court has adopted, by administrative
order issued by the chief | 19 | | judge, a standard probation fee guide
determining an offender's | 20 | | ability to pay Of the
amount collected as a probation fee, up | 21 | | to $5 of that fee
collected per month may be used to provide | 22 | | services to crime victims
and their families. | 23 | | The Court may only waive probation fees based on an | 24 | | offender's ability to pay. The probation department may | 25 | | re-evaluate an offender's ability to pay every 6 months, and, | 26 | | with the approval of the Director of Court Services or the |
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| 1 | | Chief Probation Officer, adjust the monthly fee amount. An | 2 | | offender may elect to pay probation fees due in a lump sum.
Any | 3 | | offender that has been assigned to the supervision of a | 4 | | probation department, or has been transferred either under | 5 | | subsection (h) of this Section or under any interstate compact, | 6 | | shall be required to pay probation fees to the department | 7 | | supervising the offender, based on the offender's ability to | 8 | | pay.
| 9 | | This amendatory Act of the 93rd General Assembly deletes | 10 | | the $10 increase in the fee under this subsection that was | 11 | | imposed by Public Act 93-616. This deletion is intended to | 12 | | control over any other Act of the 93rd General Assembly that | 13 | | retains or incorporates that fee increase. | 14 | | (i-5) In addition to the fees imposed under subsection (i) | 15 | | of this Section, in the case of an offender convicted of a | 16 | | felony sex offense (as defined in the Sex Offender Management | 17 | | Board Act) or an offense that the court or probation department | 18 | | has determined to be sexually motivated (as defined in the Sex | 19 | | Offender Management Board Act), the court or the probation | 20 | | department shall assess additional fees to pay for all costs of | 21 | | treatment, assessment, evaluation for risk and treatment, and | 22 | | monitoring the offender, based on that offender's ability to | 23 | | pay those costs either as they occur or under a payment plan. | 24 | | (j) All fines and costs imposed under this Section for any | 25 | | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | 26 | | Code, or a similar
provision of a local ordinance, and any |
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| 1 | | violation of the Child Passenger
Protection Act, or a similar | 2 | | provision of a local ordinance, shall be
collected and | 3 | | disbursed by the circuit clerk as provided under Section 27.5
| 4 | | of the Clerks of Courts Act.
| 5 | | (k) Any offender who is sentenced to probation or | 6 | | conditional discharge for a felony sex offense as defined in | 7 | | the Sex Offender Management Board Act or any offense that the | 8 | | court or probation department has determined to be sexually | 9 | | motivated as defined in the Sex Offender Management Board Act | 10 | | shall be required to refrain from any contact, directly or | 11 | | indirectly, with any persons specified by the court and shall | 12 | | be available for all evaluations and treatment programs | 13 | | required by the court or the probation department.
| 14 | | (l) The court may order an offender who is sentenced to | 15 | | probation or conditional
discharge for a violation of an order | 16 | | of protection be placed under electronic surveillance as | 17 | | provided in Section 5-8A-7 of this Code. | 18 | | (Source: P.A. 95-331, eff. 8-21-07; 95-464, eff. 6-1-08; | 19 | | 95-578, eff. 6-1-08; 95-696, eff. 6-1-08; 95-773, eff. 1-1-09; | 20 | | 95-876, eff. 8-21-08; 95-983, eff. 6-1-09; 96-262, eff. 1-1-10; | 21 | | 96-328, eff. 8-11-09; 96-362, eff. 1-1-10; 96-695, eff. | 22 | | 8-25-09; 96-1000, eff. 7-2-10; 96-1414, eff. 1-1-11.)
| 23 | | (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
| 24 | | Sec. 5-6-3.1. Incidents and Conditions of Supervision.
| 25 | | (a) When a defendant is placed on supervision, the court |
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| 1 | | shall enter
an order for supervision specifying the period of | 2 | | such supervision, and
shall defer further proceedings in the | 3 | | case until the conclusion of the
period.
| 4 | | (b) The period of supervision shall be reasonable under all | 5 | | of the
circumstances of the case, but may not be longer than 2 | 6 | | years, unless the
defendant has failed to pay the assessment | 7 | | required by Section 10.3 of the
Cannabis Control Act,
Section | 8 | | 411.2 of the Illinois Controlled
Substances Act, or Section 80 | 9 | | of the Methamphetamine Control and Community Protection Act, in | 10 | | which case the court may extend supervision beyond 2 years.
| 11 | | Additionally, the court shall order the defendant to perform no | 12 | | less than 30
hours of community service and not more than 120 | 13 | | hours of community service, if
community service is available | 14 | | in the
jurisdiction and is funded and approved by the county | 15 | | board where the offense
was committed,
when the offense (1) was
| 16 | | related to or in furtherance of the criminal activities of an | 17 | | organized gang or
was motivated by the defendant's membership | 18 | | in or allegiance to an organized
gang; or (2) is a violation of | 19 | | any Section of Article 24 of the Criminal
Code of 1961 where a | 20 | | disposition of supervision is not prohibited by Section
5-6-1 | 21 | | of this Code.
The
community service shall include, but not be | 22 | | limited to, the cleanup and repair
of any damage caused by | 23 | | violation of Section 21-1.3 of the Criminal Code of
1961 and | 24 | | similar damages to property located within the municipality or | 25 | | county
in which the violation occurred. Where possible and | 26 | | reasonable, the community
service should be performed in the |
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| 1 | | offender's neighborhood.
| 2 | | For the purposes of this
Section, "organized gang" has the | 3 | | meaning ascribed to it in Section 10 of the
Illinois Streetgang | 4 | | Terrorism Omnibus Prevention Act.
| 5 | | (c) The court may in addition to other reasonable | 6 | | conditions
relating to the nature of the offense or the | 7 | | rehabilitation of the
defendant as determined for each | 8 | | defendant in the proper discretion of
the court require that | 9 | | the person:
| 10 | | (1) make a report to and appear in person before or | 11 | | participate with
the court or such courts, person, or | 12 | | social service agency as directed
by the court in the order | 13 | | of supervision;
| 14 | | (2) pay a fine and costs;
| 15 | | (3) work or pursue a course of study or vocational | 16 | | training;
| 17 | | (4) undergo medical, psychological or psychiatric | 18 | | treatment; or
treatment for drug addiction or alcoholism;
| 19 | | (5) attend or reside in a facility established for the | 20 | | instruction
or residence of defendants on probation;
| 21 | | (6) support his dependents;
| 22 | | (7) refrain from possessing a firearm or other | 23 | | dangerous weapon;
| 24 | | (8) and in addition, if a minor:
| 25 | | (i) reside with his parents or in a foster home;
| 26 | | (ii) attend school;
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| 1 | | (iii) attend a non-residential program for youth;
| 2 | | (iv) contribute to his own support at home or in a | 3 | | foster home; or
| 4 | | (v) with the consent of the superintendent of the
| 5 | | facility, attend an educational program at a facility | 6 | | other than the school
in which the
offense was | 7 | | committed if he
or she is placed on supervision for a | 8 | | crime of violence as
defined in
Section 2 of the Crime | 9 | | Victims Compensation Act committed in a school, on the
| 10 | | real
property
comprising a school, or within 1,000 feet | 11 | | of the real property comprising a
school;
| 12 | | (9) make restitution or reparation in an amount not to | 13 | | exceed actual
loss or damage to property and pecuniary loss | 14 | | or make restitution under Section
5-5-6 to a domestic | 15 | | violence shelter. The court shall
determine the amount and | 16 | | conditions of payment;
| 17 | | (10) perform some reasonable public or community | 18 | | service;
| 19 | | (11) comply with the terms and conditions of an order | 20 | | of protection
issued by the court pursuant to the Illinois | 21 | | Domestic Violence Act of 1986 or
an order of protection | 22 | | issued by the court of another state, tribe, or United
| 23 | | States territory.
If the court has ordered the defendant to | 24 | | make a report and appear in
person under paragraph (1) of | 25 | | this subsection, a copy of the order of
protection shall be | 26 | | transmitted to the person or agency so designated
by the |
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| 1 | | court;
| 2 | | (12) reimburse any "local anti-crime program" as | 3 | | defined in Section 7 of
the Anti-Crime Advisory Council Act | 4 | | for any reasonable expenses incurred by the
program on the | 5 | | offender's case, not to exceed the maximum amount of the
| 6 | | fine authorized for the offense for which the defendant was | 7 | | sentenced;
| 8 | | (13) contribute a reasonable sum of money, not to
| 9 | | exceed the maximum amount of the fine authorized for the | 10 | | offense for which
the defendant was sentenced, (i) to a | 11 | | "local anti-crime program", as defined
in Section 7 of the | 12 | | Anti-Crime Advisory Council Act, or (ii) for offenses under | 13 | | the jurisdiction of the Department of Natural Resources, to | 14 | | the fund established by the Department of Natural Resources | 15 | | for the purchase of evidence for investigation purposes and | 16 | | to conduct investigations as outlined in Section 805-105 of | 17 | | the Department of Natural Resources (Conservation) Law;
| 18 | | (14) refrain from entering into a designated | 19 | | geographic area except
upon such terms as the court finds | 20 | | appropriate. Such terms may include
consideration of the | 21 | | purpose of the entry, the time of day, other persons
| 22 | | accompanying the defendant, and advance approval by a | 23 | | probation officer;
| 24 | | (15) refrain from having any contact, directly or | 25 | | indirectly, with
certain specified persons or particular | 26 | | types of person, including but not
limited to members of |
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| 1 | | street gangs and drug users or dealers;
| 2 | | (16) refrain from having in his or her body the | 3 | | presence of any illicit
drug prohibited by the Cannabis | 4 | | Control Act, the Illinois Controlled
Substances Act, or the | 5 | | Methamphetamine Control and Community Protection Act, | 6 | | unless prescribed by a physician, and submit samples of
his | 7 | | or her blood or urine or both for tests to determine the | 8 | | presence of any
illicit drug;
| 9 | | (17) refrain from operating any motor vehicle not | 10 | | equipped with an
ignition interlock device as defined in | 11 | | Section 1-129.1 of the Illinois
Vehicle Code; under this | 12 | | condition the court may allow a defendant who is not
| 13 | | self-employed to operate a vehicle owned by the defendant's | 14 | | employer that is
not equipped with an ignition interlock | 15 | | device in the course and scope of the
defendant's | 16 | | employment; and
| 17 | | (18) if placed on supervision for a sex offense as | 18 | | defined in subsection (a-5) of Section 3-1-2 of this Code, | 19 | | unless the offender is a parent or guardian of the person | 20 | | under 18 years of age present in the home and no | 21 | | non-familial minors are present, not participate in a | 22 | | holiday event involving
children
under 18 years of age, | 23 | | such as distributing candy or other items to children on
| 24 | | Halloween,
wearing a Santa Claus costume on or preceding | 25 | | Christmas, being employed as a
department store Santa | 26 | | Claus, or wearing an Easter Bunny costume on or
preceding
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| 1 | | Easter. | 2 | | (d) The court shall defer entering any judgment on the | 3 | | charges
until the conclusion of the supervision.
| 4 | | (e) At the conclusion of the period of supervision, if the | 5 | | court
determines that the defendant has successfully complied | 6 | | with all of the
conditions of supervision, the court shall | 7 | | discharge the defendant and
enter a judgment dismissing the | 8 | | charges.
| 9 | | (f) Discharge and dismissal upon a successful conclusion of | 10 | | a
disposition of supervision shall be deemed without | 11 | | adjudication of guilt
and shall not be termed a conviction for | 12 | | purposes of disqualification or
disabilities imposed by law | 13 | | upon conviction of a crime. Two years after the
discharge and | 14 | | dismissal under this Section, unless the disposition of
| 15 | | supervision was for a violation of Sections 3-707, 3-708, | 16 | | 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a | 17 | | similar
provision of a local ordinance, or for a violation of | 18 | | Sections 12-3.2
or 16A-3 of the Criminal Code of 1961, in which | 19 | | case it shall be 5
years after discharge and dismissal, a | 20 | | person may have his record
of arrest sealed or expunged as may | 21 | | be provided by law. However, any
defendant placed on | 22 | | supervision before January 1, 1980, may move for
sealing or | 23 | | expungement of his arrest record, as provided by law, at any
| 24 | | time after discharge and dismissal under this Section.
A person | 25 | | placed on supervision for a sexual offense committed against a | 26 | | minor
as defined in clause (a)(1)(L) of Section 5.2 of the |
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| 1 | | Criminal Identification Act
or for a violation of Section | 2 | | 11-501 of the Illinois Vehicle Code or a
similar provision of a | 3 | | local ordinance
shall not have his or her record of arrest | 4 | | sealed or expunged.
| 5 | | (g) A defendant placed on supervision and who during the | 6 | | period of
supervision undergoes mandatory drug or alcohol | 7 | | testing, or both, or is
assigned to be placed on an approved | 8 | | electronic monitoring device, shall be
ordered to pay the costs | 9 | | incidental to such mandatory drug or alcohol
testing, or both, | 10 | | and costs incidental to such approved electronic
monitoring in | 11 | | accordance with the defendant's ability to pay those costs.
The | 12 | | county board with the concurrence of the Chief Judge of the | 13 | | judicial
circuit in which the county is located shall establish | 14 | | reasonable fees for
the cost of maintenance, testing, and | 15 | | incidental expenses related to the
mandatory drug or alcohol | 16 | | testing, or both, and all costs incidental to
approved | 17 | | electronic monitoring, of all defendants placed on | 18 | | supervision.
The concurrence of the Chief Judge shall be in the | 19 | | form of an
administrative order.
The fees shall be collected by | 20 | | the clerk of the circuit court. The clerk of
the circuit court | 21 | | shall pay all moneys collected from these fees to the county
| 22 | | treasurer who shall use the moneys collected to defray the | 23 | | costs of
drug testing, alcohol testing, and electronic | 24 | | monitoring.
The county treasurer shall deposit the fees | 25 | | collected in the
county working cash fund under Section 6-27001 | 26 | | or Section 6-29002 of the
Counties Code, as the case may be.
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| 1 | | (h) A disposition of supervision is a final order for the | 2 | | purposes
of appeal.
| 3 | | (i) The court shall impose upon a defendant placed on | 4 | | supervision
after January 1, 1992 or to community service under | 5 | | the supervision of a
probation or court services department | 6 | | after January 1, 2004, as a condition
of supervision or | 7 | | supervised community service, a fee of $50 for
each month of | 8 | | supervision or supervised community service ordered by the
| 9 | | court, unless after
determining the inability of the person | 10 | | placed on supervision or supervised
community service to pay | 11 | | the
fee, the court assesses a lesser fee. The court may not | 12 | | impose the fee on a
minor who is made a ward of the State under | 13 | | the Juvenile Court Act of 1987
while the minor is in placement.
| 14 | | The fee shall be imposed only upon a
defendant who is actively | 15 | | supervised by the
probation and court services
department. The | 16 | | fee shall be collected by the clerk of the circuit court.
The | 17 | | clerk of the circuit court shall pay all monies collected from | 18 | | this fee
to the county treasurer for deposit in the probation | 19 | | and court services
fund pursuant to Section 15.1 of the | 20 | | Probation and
Probation Officers Act.
| 21 | | A circuit court may not impose a probation fee in excess of | 22 | | $25
per month unless the circuit court has adopted, by | 23 | | administrative
order issued by the chief judge, a standard | 24 | | probation fee guide
determining an offender's ability to pay. | 25 | | Of the
amount collected as a probation fee, not to exceed $5 of | 26 | | that fee
collected per month may be used to provide services to |
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| 1 | | crime victims
and their families. | 2 | | The Court may only waive probation fees based on an | 3 | | offender's ability to pay. The probation department may | 4 | | re-evaluate an offender's ability to pay every 6 months, and, | 5 | | with the approval of the Director of Court Services or the | 6 | | Chief Probation Officer, adjust the monthly fee amount. An | 7 | | offender may elect to pay probation fees due in a lump sum.
Any | 8 | | offender that has been assigned to the supervision of a | 9 | | probation department, or has been transferred either under | 10 | | subsection (h) of this Section or under any interstate compact, | 11 | | shall be required to pay probation fees to the department | 12 | | supervising the offender, based on the offender's ability to | 13 | | pay.
| 14 | | (j) All fines and costs imposed under this Section for any
| 15 | | violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle | 16 | | Code, or a
similar provision of a local ordinance, and any | 17 | | violation of the Child
Passenger Protection Act, or a similar | 18 | | provision of a local ordinance, shall
be collected and | 19 | | disbursed by the circuit clerk as provided under Section
27.5 | 20 | | of the Clerks of Courts Act.
| 21 | | (k) A defendant at least 17 years of age who is placed on | 22 | | supervision
for a misdemeanor in a county of 3,000,000 or more | 23 | | inhabitants
and who has not been previously convicted of a | 24 | | misdemeanor or felony
may as a condition of his or her | 25 | | supervision be required by the court to
attend educational | 26 | | courses designed to prepare the defendant for a high school
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| 1 | | diploma and to work toward a high school diploma or to work | 2 | | toward passing the
high school level Test of General | 3 | | Educational Development (GED) or to work
toward completing a | 4 | | vocational training program approved by the court. The
| 5 | | 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 GED test, if a fee is | 10 | | charged for those courses
or test. The court shall revoke the | 11 | | supervision of a person who wilfully fails
to comply with this | 12 | | subsection (k). The court shall resentence the defendant
upon | 13 | | revocation of supervision as provided in Section 5-6-4. This | 14 | | subsection
(k) does not apply to a defendant who has a high | 15 | | school diploma or has
successfully passed the GED test. This | 16 | | subsection (k) does not apply to a
defendant who is determined | 17 | | by the court to be developmentally disabled or
otherwise | 18 | | mentally incapable of completing the
educational or vocational | 19 | | program.
| 20 | | (l) The court shall require a defendant placed on | 21 | | supervision for
possession of a substance
prohibited by the | 22 | | Cannabis Control Act, the Illinois Controlled Substances Act, | 23 | | or the Methamphetamine Control and Community Protection Act
| 24 | | after a previous conviction or disposition of supervision for | 25 | | possession of a
substance prohibited by the Cannabis Control | 26 | | Act, the Illinois Controlled
Substances Act, or the |
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| 1 | | Methamphetamine Control and Community Protection Act or a | 2 | | sentence of probation under Section 10 of the Cannabis
Control | 3 | | Act or Section 410 of the Illinois Controlled Substances Act
| 4 | | and after a finding by the court that the person is addicted, | 5 | | to undergo
treatment at a substance abuse program approved by | 6 | | the court.
| 7 | | (m) The Secretary of State shall require anyone placed on | 8 | | court supervision
for a
violation of Section 3-707 of the | 9 | | Illinois Vehicle Code or a similar provision
of a local | 10 | | ordinance
to give proof of his or her financial
responsibility | 11 | | as
defined in Section 7-315 of the Illinois Vehicle Code. The | 12 | | proof shall be
maintained by the individual in a manner | 13 | | satisfactory to the Secretary of State
for
a
minimum period of | 14 | | 3 years after the date the proof is first filed.
The proof | 15 | | shall be limited to a single action per arrest and may not be
| 16 | | affected by any post-sentence disposition. The Secretary of | 17 | | State shall
suspend the driver's license of any person
| 18 | | determined by the Secretary to be in violation of this | 19 | | subsection. | 20 | | (n) Any offender placed on supervision for any offense that | 21 | | the court or probation department has determined to be sexually | 22 | | motivated as defined in the Sex Offender Management Board Act | 23 | | shall be required to refrain from any contact, directly or | 24 | | indirectly, with any persons specified by the court and shall | 25 | | be available for all evaluations and treatment programs | 26 | | required by the court or the probation department.
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| 1 | | (o) An offender placed on supervision for a sex offense as | 2 | | defined in the Sex Offender
Management Board Act shall refrain | 3 | | from residing at the same address or in the same condominium | 4 | | unit or apartment unit or in the same condominium complex or | 5 | | apartment complex with another person he or she knows or | 6 | | reasonably should know is a convicted sex offender or has been | 7 | | placed on supervision for a sex offense. The provisions of this | 8 | | subsection (o) do not apply to a person convicted of a sex | 9 | | offense who is placed in a Department of Corrections licensed | 10 | | transitional housing facility for sex offenders. | 11 | | (p) An offender placed on supervision for an offense | 12 | | committed on or after June 1, 2008
(the effective date of | 13 | | Public Act 95-464)
that would qualify the accused as a child | 14 | | sex offender as defined in Section 11-9.3 or 11-9.4 of the | 15 | | Criminal Code of 1961 shall refrain from communicating with or | 16 | | contacting, by means of the Internet, a person who is not | 17 | | related to the accused and whom the accused reasonably believes | 18 | | to be under 18 years of age. For purposes of this subsection | 19 | | (p), "Internet" has the meaning ascribed to it in Section 16J-5 | 20 | | of the Criminal Code of 1961; and a person is not related to | 21 | | the accused if the person is not: (i) the spouse, brother, or | 22 | | sister of the accused; (ii) a descendant of the accused; (iii) | 23 | | a first or second cousin of the accused; or (iv) a step-child | 24 | | or adopted child of the accused.
| 25 | | (q) An offender placed on supervision for an offense | 26 | | committed on or after June 1, 2008
(the effective date of |
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| 1 | | Public Act 95-464)
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 shall, if so ordered by the court, | 4 | | refrain from communicating with or contacting, by means of the | 5 | | Internet, a person who is related to the accused and whom the | 6 | | accused reasonably believes to be under 18 years of age. For | 7 | | purposes of this subsection (q), "Internet" has the meaning | 8 | | ascribed to it in Section 16J-5 of the Criminal Code of 1961; | 9 | | and a person is related to the accused if the person is: (i) | 10 | | the spouse, brother, or sister of the accused; (ii) a | 11 | | descendant of the accused; (iii) a first or second cousin of | 12 | | the accused; or (iv) a step-child or adopted child of the | 13 | | accused.
| 14 | | (r) An offender placed on supervision for an offense under | 15 | | Section 11-6, 11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of | 16 | | the Criminal Code of 1961, or any attempt to commit any of | 17 | | these offenses, committed on or after the effective date of | 18 | | this amendatory Act of the 95th General Assembly shall: | 19 | | (i) not access or use a computer or any other device | 20 | | with Internet capability without the prior written | 21 | | approval of the court, except in connection with the | 22 | | offender's employment or search for employment with the | 23 | | prior approval of the court; | 24 | | (ii) submit to periodic unannounced examinations of | 25 | | the offender's computer or any other device with Internet | 26 | | capability by the offender's probation officer, a law |
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| 1 | | enforcement officer, or assigned computer or information | 2 | | technology specialist, including the retrieval and copying | 3 | | of all data from the computer or device and any internal or | 4 | | external peripherals and removal of such information, | 5 | | equipment, or device to conduct a more thorough inspection; | 6 | | (iii) submit to the installation on the offender's | 7 | | computer or device with Internet capability, at the | 8 | | offender's expense, of one or more hardware or software | 9 | | systems to monitor the Internet use; and | 10 | | (iv) submit to any other appropriate restrictions | 11 | | concerning the offender's use of or access to a computer or | 12 | | any other device with Internet capability imposed by the | 13 | | court. | 14 | | (s) An offender placed on supervision for an offense that | 15 | | is a sex offense as defined in Section 2 of the Sex Offender | 16 | | Registration Act that is committed on or after January 1, 2010 | 17 | | (the effective date of Public Act 96-362) that requires the | 18 | | person to register as a sex offender under that Act, may not | 19 | | knowingly use any computer scrub software on any computer that | 20 | | the sex offender uses. | 21 | | (t) An offender placed on supervision for a sex offense as | 22 | | defined in the Sex Offender
Registration Act committed on or | 23 | | after January 1, 2010 (the effective date of Public Act 96-262) | 24 | | shall refrain from accessing or using a social networking | 25 | | website as defined in Section 16D-2 of the Criminal Code of | 26 | | 1961. |
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| 1 | | (u) Jurisdiction over an offender may be transferred from | 2 | | the sentencing court to the court of another circuit with the | 3 | | concurrence of both courts. Further transfers or retransfers of | 4 | | jurisdiction are also authorized in the same manner. The court | 5 | | to which jurisdiction has been transferred shall have the same | 6 | | powers as the sentencing court. The probation department within | 7 | | the circuit to which jurisdiction has been transferred may | 8 | | impose probation fees upon receiving the transferred offender, | 9 | | as provided in subsection (i). The probation department from | 10 | | the original sentencing court shall retain all probation fees | 11 | | collected prior to the transfer. | 12 | | (Source: P.A. 95-211, eff. 1-1-08; 95-331, eff. 8-21-07; | 13 | | 95-464, eff. 6-1-08; 95-696, eff. 6-1-08; 95-876, eff. 8-21-08; | 14 | | 95-983, eff. 6-1-09; 96-262, eff. 1-1-10; 96-362, eff. 1-1-10; | 15 | | 96-409, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1414, eff. | 16 | | 1-1-11.)
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