Full Text of HB5282 98th General Assembly
HB5282 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB5282 Introduced , by Rep. Naomi D. Jakobsson SYNOPSIS AS INTRODUCED: |
| 730 ILCS 5/3-1-2 | from Ch. 38, par. 1003-1-2 | 730 ILCS 5/3-3-7 | from Ch. 38, par. 1003-3-7 | 730 ILCS 5/5-6-3 | from Ch. 38, par. 1005-6-3 | 730 ILCS 5/5-6-3.1 | from Ch. 38, par. 1005-6-3.1 |
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Amends the Unified Code of Corrections. Provides that as a condition of parole, aftercare release, mandatory supervised release, probation, conditional discharge, or supervision, a person convicted of, or placed on supervision for, a sex offense shall attend on Halloween or at any other day in which children under 18 years of age participate in Halloween activities a group meeting with other persons convicted of, or placed on supervision for, sex offenses.
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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 Unified Code of Corrections is amended by | 5 | | changing Sections 3-1-2, 3-3-7, 5-6-3, and 5-6-3.1 as follows:
| 6 | | (730 ILCS 5/3-1-2) (from Ch. 38, par. 1003-1-2)
| 7 | | Sec. 3-1-2. Definitions. | 8 | | (a) "Chief Administrative Officer" means the
person | 9 | | designated by the Director to exercise the powers and duties of | 10 | | the
Department of Corrections in regard to committed persons | 11 | | within
a correctional institution or facility, and includes the
| 12 | | superintendent of any juvenile institution or facility.
| 13 | | (a-3) "Aftercare release" means the conditional and | 14 | | revocable release of a person committed to the Department of | 15 | | Juvenile Justice under the Juvenile Court Act of 1987, under | 16 | | the supervision of the Department of Juvenile Justice. | 17 | | (a-5) "Sex offense" for the purposes of paragraph (16) or | 18 | | (16.5) of subsection (a) of Section 3-3-7, paragraph (10) or | 19 | | (10.5) of subsection (a) of Section 5-6-3, and paragraph (18) | 20 | | or (18.5) of subsection (c) of Section 5-6-3.1 only means: | 21 | | (i) A violation of any of the following Sections of the | 22 | | Criminal Code of
1961 or the Criminal Code of 2012: 10-7 | 23 | | (aiding or abetting child abduction under Section |
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| 1 | | 10-5(b)(10)),
10-5(b)(10) (child luring), 11-6 (indecent | 2 | | solicitation of a child), 11-6.5
(indecent solicitation of | 3 | | an adult), 11-14.4 (promoting juvenile prostitution),
| 4 | | 11-15.1 (soliciting for a juvenile
prostitute), 11-17.1 | 5 | | (keeping a place of juvenile prostitution), 11-18.1
| 6 | | (patronizing a juvenile prostitute), 11-19.1 (juvenile | 7 | | pimping),
11-19.2 (exploitation of a child), 11-20.1 | 8 | | (child pornography), 11-20.1B or 11-20.3 (aggravated child | 9 | | pornography), 11-1.40 or 12-14.1
(predatory criminal | 10 | | sexual assault of a child), or 12-33 (ritualized abuse of a
| 11 | | child). An attempt to commit any of
these offenses. | 12 | | (ii) A violation of any of the following Sections of | 13 | | the Criminal Code
of 1961 or the Criminal Code of 2012: | 14 | | 11-1.20 or 12-13 (criminal
sexual assault), 11-1.30 or | 15 | | 12-14 (aggravated criminal sexual assault), 11-1.60 or | 16 | | 12-16 (aggravated criminal sexual abuse), and subsection | 17 | | (a) of Section 11-1.50 or subsection (a) of Section 12-15
| 18 | | (criminal sexual abuse). An attempt to commit
any of these | 19 | | offenses. | 20 | | (iii) A violation of any of the following Sections of | 21 | | the Criminal Code
of 1961 or the Criminal Code of 2012 when | 22 | | the defendant is
not a parent of the victim: | 23 | | 10-1 (kidnapping),
| 24 | | 10-2 (aggravated kidnapping), | 25 | | 10-3 (unlawful restraint),
| 26 | | 10-3.1 (aggravated unlawful restraint). |
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| 1 | | An attempt to commit any of these offenses. | 2 | | (iv) A violation of any former law of this State | 3 | | substantially
equivalent to any offense listed in this | 4 | | subsection (a-5). | 5 | | An offense violating federal law or the law of another | 6 | | state
that is substantially equivalent to any offense listed in | 7 | | this
subsection (a-5) shall constitute a sex offense for the | 8 | | purpose of
this subsection (a-5). A finding or adjudication as | 9 | | a sexually dangerous person under
any federal law or law of | 10 | | another state that is substantially equivalent to the
Sexually | 11 | | Dangerous Persons Act shall constitute an adjudication for a | 12 | | sex offense for the
purposes of this subsection (a-5).
| 13 | | (b) "Commitment" means a judicially determined placement
| 14 | | in the custody of the Department of Corrections on the basis of
| 15 | | delinquency or conviction.
| 16 | | (c) "Committed Person" is a person committed to the | 17 | | Department,
however a committed person shall not be considered | 18 | | to be an employee of
the Department of Corrections for any | 19 | | purpose, including eligibility for
a pension, benefits, or any | 20 | | other compensation or rights or privileges which
may be | 21 | | provided to employees of the Department.
| 22 | | (c-5) "Computer scrub software" means any third-party | 23 | | added software, designed to delete information from the | 24 | | computer unit, the hard drive, or other software, which would | 25 | | eliminate and prevent discovery of browser activity, including | 26 | | but not limited to Internet history, address bar or bars, cache |
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| 1 | | or caches, and/or cookies, and which would over-write files in | 2 | | a way so as to make previous computer activity, including but | 3 | | not limited to website access, more difficult to discover. | 4 | | (d) "Correctional Institution or Facility" means any | 5 | | building or
part of a building where committed persons are kept | 6 | | in a secured manner.
| 7 | | (e) In the case of functions performed before the effective | 8 | | date of this amendatory Act of the 94th General Assembly, | 9 | | "Department" means the Department of Corrections of this State. | 10 | | In the case of functions performed on or after the effective | 11 | | date of this amendatory Act of the 94th General Assembly, | 12 | | "Department" has the meaning ascribed to it in subsection | 13 | | (f-5).
| 14 | | (f) In the case of functions performed before the effective | 15 | | date of this amendatory Act of the 94th General Assembly, | 16 | | "Director" means the Director of the Department of Corrections. | 17 | | In the case of functions performed on or after the effective | 18 | | date of this amendatory Act of the 94th General Assembly, | 19 | | "Director" has the meaning ascribed to it in subsection (f-5).
| 20 | | (f-5) In the case of functions performed on or after the | 21 | | effective date of this amendatory Act of the 94th General | 22 | | Assembly, references to "Department" or "Director" refer to | 23 | | either the Department of Corrections or the Director of | 24 | | Corrections or to the Department of Juvenile Justice or the | 25 | | Director of Juvenile Justice unless the context is specific to | 26 | | the Department of Juvenile Justice or the Director of Juvenile |
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| 1 | | Justice.
| 2 | | (g) "Discharge" means the final termination of a commitment
| 3 | | to the Department of Corrections.
| 4 | | (h) "Discipline" means the rules and regulations for the
| 5 | | maintenance of order and the protection of persons and property
| 6 | | within the institutions and facilities of the Department and
| 7 | | their enforcement.
| 8 | | (i) "Escape" means the intentional and unauthorized | 9 | | absence
of a committed person from the custody of the | 10 | | Department.
| 11 | | (j) "Furlough" means an authorized leave of absence from | 12 | | the
Department of Corrections for a designated purpose and | 13 | | period of time.
| 14 | | (k) "Parole" means the conditional and revocable release
of | 15 | | a person committed to the Department of Corrections under the | 16 | | supervision of a parole officer.
| 17 | | (l) "Prisoner Review Board" means the Board established in
| 18 | | Section 3-3-1(a), independent of the Department, to review
| 19 | | rules and regulations with respect to good time credits, to
| 20 | | hear charges brought by the Department against certain | 21 | | prisoners
alleged to have violated Department rules with | 22 | | respect to good
time credits, to set release dates for certain | 23 | | prisoners
sentenced under the law in effect prior to the | 24 | | effective
date of this Amendatory Act of 1977, to hear and | 25 | | decide the time of aftercare release for persons committed to | 26 | | the Department of Juvenile Justice under the Juvenile Court Act |
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| 1 | | of 1987 to hear requests and
make recommendations to the | 2 | | Governor with respect to pardon,
reprieve or commutation, to | 3 | | set conditions for parole, aftercare release, and
mandatory | 4 | | supervised release and determine whether violations
of those | 5 | | conditions justify revocation of parole or release,
and to | 6 | | assume all other functions previously exercised by the
Illinois | 7 | | Parole and Pardon Board.
| 8 | | (m) Whenever medical treatment, service, counseling, or
| 9 | | care is referred to in this Unified Code of Corrections,
such | 10 | | term may be construed by the Department or Court, within
its | 11 | | discretion, to include treatment, service or counseling by
a | 12 | | Christian Science practitioner or nursing care appropriate
| 13 | | therewith whenever request therefor is made by a person subject
| 14 | | to the provisions of this Act.
| 15 | | (n) "Victim" shall have the meaning ascribed to it in | 16 | | subsection (a) of
Section 3 of the Bill of Rights for Victims | 17 | | and Witnesses of Violent Crime Act.
| 18 | | (o) "Wrongfully imprisoned person" means a person who has | 19 | | been discharged from a prison of this State and
has received: | 20 | | (1) a pardon from the Governor stating that such pardon | 21 | | is issued on the ground of innocence of the crime for which | 22 | | he or she was imprisoned; or | 23 | | (2) a certificate of innocence from the Circuit Court | 24 | | as provided in Section 2-702 of the Code of Civil | 25 | | Procedure. | 26 | | (Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; |
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| 1 | | 98-558, eff. 1-1-14.) | 2 | | (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | 3 | | Sec. 3-3-7. Conditions of Parole, Mandatory Supervised | 4 | | Release, or Aftercare Release.
| 5 | | (a) The conditions of parole, aftercare release, or | 6 | | mandatory
supervised release shall be such as the Prisoner | 7 | | Review
Board deems necessary to assist the subject in leading a
| 8 | | law-abiding life. The conditions of every parole, aftercare | 9 | | release, and mandatory
supervised release are that the subject:
| 10 | | (1) not violate any criminal statute of any | 11 | | jurisdiction
during the parole, aftercare release, or | 12 | | release term;
| 13 | | (2) refrain from possessing a firearm or other | 14 | | dangerous
weapon;
| 15 | | (3) report to an agent of the Department of Corrections | 16 | | or to the Department of Juvenile Justice;
| 17 | | (4) permit the agent or aftercare specialist to visit | 18 | | him or her at his or her home, employment,
or
elsewhere to | 19 | | the
extent necessary for the agent or aftercare specialist | 20 | | to discharge his or her duties;
| 21 | | (5) attend or reside in a facility established for the | 22 | | instruction or
residence
of persons on
parole, aftercare | 23 | | release, or mandatory supervised release;
| 24 | | (6) secure permission before visiting or writing a | 25 | | committed person in an
Illinois Department
of Corrections |
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| 1 | | facility;
| 2 | | (7) report all arrests to an agent of the Department of | 3 | | Corrections or to the Department of Juvenile Justice as
| 4 | | soon as
permitted by the
arresting authority but in no | 5 | | event later than 24 hours after release from
custody and | 6 | | immediately report service or notification of an order of | 7 | | protection, a civil no contact order, or a stalking no | 8 | | contact order to an agent of the Department of Corrections;
| 9 | | (7.5) if convicted of a sex offense as defined in the | 10 | | Sex Offender
Management Board Act, the individual shall | 11 | | undergo and successfully complete
sex offender treatment | 12 | | conducted in conformance with the standards developed by
| 13 | | the Sex
Offender Management Board Act by a treatment | 14 | | provider approved by the Board;
| 15 | | (7.6) if convicted of a sex offense as defined in the | 16 | | Sex Offender
Management Board Act, refrain from residing at | 17 | | the same address or in the same condominium unit or | 18 | | apartment unit or in the same condominium complex or | 19 | | apartment complex with another person he or she knows or | 20 | | reasonably should know is a convicted sex offender or has | 21 | | been placed on supervision for a sex offense; the | 22 | | provisions of this paragraph do not apply to a person | 23 | | convicted of a sex offense who is placed in a Department of | 24 | | Corrections licensed transitional housing facility for sex | 25 | | offenders, or is in any facility operated or licensed by | 26 | | the Department of Children and Family Services or by the |
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| 1 | | Department of Human Services, or is in any licensed medical | 2 | | facility;
| 3 | | (7.7) if convicted for an offense that would qualify | 4 | | the accused as a sexual predator under the Sex Offender | 5 | | Registration Act on or after January 1, 2007 (the effective | 6 | | date of Public Act 94-988), wear an approved electronic | 7 | | monitoring device as defined in Section 5-8A-2 for the | 8 | | duration of the person's parole, aftercare release, | 9 | | mandatory supervised release term, or extended mandatory | 10 | | supervised release term and if convicted for an offense of | 11 | | criminal sexual assault, aggravated criminal sexual | 12 | | assault, predatory criminal sexual assault of a child, | 13 | | criminal sexual abuse, aggravated criminal sexual abuse, | 14 | | or ritualized abuse of a child committed on or after August | 15 | | 11, 2009 (the effective date of Public Act 96-236) when the | 16 | | victim was under 18 years of age at the time of the | 17 | | commission of the offense and the defendant used force or | 18 | | the threat of force in the commission of the offense wear | 19 | | an approved electronic monitoring device as defined in | 20 | | Section 5-8A-2 that has Global Positioning System (GPS) | 21 | | capability for the duration of the person's parole, | 22 | | aftercare release, mandatory supervised release term, or | 23 | | extended mandatory supervised release term;
| 24 | | (7.8) if convicted for an offense committed on or after | 25 | | June 1, 2008 (the effective date of Public Act 95-464) that | 26 | | would qualify the accused as a child sex offender as |
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| 1 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | 2 | | 1961 or the Criminal Code of 2012, refrain from | 3 | | communicating with or contacting, by means of the Internet, | 4 | | a person who is not related to the accused and whom the | 5 | | accused reasonably believes to be under 18 years of age; | 6 | | for purposes of this paragraph (7.8), "Internet" has the | 7 | | meaning ascribed to it in Section 16-0.1 of the Criminal | 8 | | Code of 2012; and a person is not related to the accused if | 9 | | the person is not: (i) the spouse, brother, or sister of | 10 | | the accused; (ii) a descendant of the accused; (iii) a | 11 | | first or second cousin of the accused; or (iv) a step-child | 12 | | or adopted child of the accused;
| 13 | | (7.9)
if convicted under Section 11-6, 11-20.1, | 14 | | 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or | 15 | | the Criminal Code of 2012, consent to search of computers, | 16 | | PDAs, cellular phones, and other devices under his or her | 17 | | control that are capable of accessing the Internet or | 18 | | storing electronic files, in order to confirm Internet | 19 | | protocol addresses reported in accordance with the Sex | 20 | | Offender Registration Act and compliance with conditions | 21 | | in this Act;
| 22 | | (7.10)
if convicted for an offense that would qualify | 23 | | the accused as a sex offender or sexual predator under the | 24 | | Sex Offender Registration Act on or after June 1, 2008 (the | 25 | | effective date of Public Act 95-640), not possess | 26 | | prescription drugs for erectile dysfunction;
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| 1 | | (7.11) if convicted for an offense under Section 11-6, | 2 | | 11-9.1, 11-14.4 that involves soliciting for a juvenile | 3 | | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | 4 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 5 | | or any attempt to commit any of these offenses, committed | 6 | | on or after June 1, 2009 (the effective date of Public Act | 7 | | 95-983): | 8 | | (i) not access or use a computer or any other | 9 | | device with Internet capability without the prior | 10 | | written approval of the Department; | 11 | | (ii) submit to periodic unannounced examinations | 12 | | of the offender's computer or any other device with | 13 | | Internet capability by the offender's supervising | 14 | | agent, aftercare specialist, a law enforcement | 15 | | officer, or assigned computer or information | 16 | | technology specialist, including the retrieval and | 17 | | copying of all data from the computer or device and any | 18 | | internal or external peripherals and removal of such | 19 | | information, equipment, or device to conduct a more | 20 | | thorough inspection; | 21 | | (iii) submit to the installation on the offender's | 22 | | computer or device with Internet capability, at the | 23 | | offender's expense, of one or more hardware or software | 24 | | systems to monitor the Internet use; and | 25 | | (iv) submit to any other appropriate restrictions | 26 | | concerning the offender's use of or access to a |
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| 1 | | computer or any other device with Internet capability | 2 | | imposed by the Board, the Department or the offender's | 3 | | supervising agent or aftercare specialist; | 4 | | (7.12) if convicted of a sex offense as defined in the | 5 | | Sex Offender
Registration Act committed on or after January | 6 | | 1, 2010 (the effective date of Public Act 96-262), refrain | 7 | | from accessing or using a social networking website as | 8 | | defined in Section 17-0.5 of the Criminal Code of 2012;
| 9 | | (7.13) if convicted of a sex offense as defined in | 10 | | Section 2 of the Sex Offender Registration Act committed on | 11 | | or after January 1, 2010 (the effective date of Public Act | 12 | | 96-362) that requires the person to register as a sex | 13 | | offender under that Act, may not knowingly use any computer | 14 | | scrub software on any computer that the sex offender uses; | 15 | | (8) obtain permission of an agent of the Department of | 16 | | Corrections or the Department of Juvenile Justice before
| 17 | | leaving the
State of Illinois;
| 18 | | (9) obtain permission of an agent of the Department of | 19 | | Corrections or the Department of Juvenile Justice before
| 20 | | changing
his or her residence or employment;
| 21 | | (10) consent to a search of his or her person, | 22 | | property, or residence
under his or her
control;
| 23 | | (11) refrain from the use or possession of narcotics or | 24 | | other controlled
substances in
any form, or both, or any | 25 | | paraphernalia related to those substances and submit
to a
| 26 | | urinalysis test as instructed by a parole agent of the |
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| 1 | | Department of
Corrections or an aftercare specialist of the | 2 | | Department of Juvenile Justice;
| 3 | | (12) not frequent places where controlled substances | 4 | | are illegally sold,
used,
distributed, or administered;
| 5 | | (13) not knowingly associate with other persons on | 6 | | parole, aftercare release, or mandatory
supervised
release | 7 | | without prior written permission of his or her parole agent | 8 | | or aftercare specialist and not
associate with
persons who | 9 | | are members of an organized gang as that term is defined in | 10 | | the
Illinois
Streetgang Terrorism Omnibus Prevention Act;
| 11 | | (14) provide true and accurate information, as it | 12 | | relates to his or her
adjustment in the
community while on | 13 | | parole, aftercare release, or mandatory supervised release | 14 | | or to his or her
conduct
while incarcerated, in response to | 15 | | inquiries by his or her parole agent or of
the
Department | 16 | | of Corrections or by his or her aftercare specialist or of | 17 | | the Department of Juvenile Justice;
| 18 | | (15) follow any specific instructions provided by the | 19 | | parole agent or aftercare specialist that
are consistent
| 20 | | with furthering conditions set and approved by the Prisoner | 21 | | Review Board or by
law,
exclusive of placement on | 22 | | electronic detention, to achieve the goals and
objectives | 23 | | of his
or her parole, aftercare release, or mandatory | 24 | | supervised release or to protect the public. These
| 25 | | instructions by the parole agent or aftercare specialist | 26 | | may be modified at any time, as the agent or aftercare |
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| 1 | | specialist
deems
appropriate;
| 2 | | (16) if convicted of a sex offense as defined in | 3 | | subsection (a-5) of Section 3-1-2 of this Code, unless the | 4 | | offender is a parent or guardian of the person under 18 | 5 | | years of age present in the home and no non-familial minors | 6 | | are present, not participate in a holiday event involving | 7 | | children under 18 years of age, such as distributing candy | 8 | | or other items to children on Halloween, wearing a Santa | 9 | | Claus costume on or preceding Christmas, being employed as | 10 | | a department store Santa Claus, or wearing an Easter Bunny | 11 | | costume on or preceding Easter; | 12 | | (16.5) if convicted of a sex offense as defined in | 13 | | subsection (a-5) of Section 3-1-2 of this Code, attend on | 14 | | Halloween or on any other day in which children under 18 | 15 | | years of age participate in Halloween activities a group | 16 | | meeting with other releasees convicted of sex offenses. The | 17 | | meeting shall be held at a time of day or night coinciding | 18 | | with the time set for Halloween activities by the | 19 | | municipality where the sex offender resides, or if the sex | 20 | | offender resides in an unincorporated area, the time set by | 21 | | the county where the sex offender resides, and at a | 22 | | location set by the parole agent or supervising officer. | 23 | | The meeting shall be supervised by a parole agent or | 24 | | supervising officer assigned by the Department of | 25 | | Corrections; | 26 | | (17) if convicted of a violation of an order of |
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| 1 | | protection under Section 12-3.4 or Section 12-30 of the | 2 | | Criminal Code of 1961 or the Criminal Code of 2012, be | 3 | | placed under electronic surveillance as provided in | 4 | | Section 5-8A-7 of this Code; | 5 | | (18) comply with the terms and conditions of an order | 6 | | of protection issued pursuant to the Illinois Domestic | 7 | | Violence Act of 1986; an order of protection issued by the | 8 | | court of another state, tribe, or United States territory; | 9 | | a no contact order issued pursuant to the Civil No Contact | 10 | | Order Act; or a no contact order issued pursuant to the | 11 | | Stalking No Contact Order Act; and | 12 | | (19) if convicted of a violation of the Methamphetamine | 13 | | Control and Community Protection Act, the Methamphetamine
| 14 | | Precursor Control Act, or a methamphetamine related | 15 | | offense, be: | 16 | | (A) prohibited from purchasing, possessing, or | 17 | | having under his or her control any product containing | 18 | | pseudoephedrine unless prescribed by a physician; and | 19 | | (B) prohibited from purchasing, possessing, or | 20 | | having under his or her control any product containing | 21 | | ammonium nitrate. | 22 | | (b) The Board may in addition to other conditions
require | 23 | | that the subject:
| 24 | | (1) work or pursue a course of study or vocational | 25 | | training;
| 26 | | (2) undergo medical or psychiatric treatment, or |
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| 1 | | treatment
for drug addiction or alcoholism;
| 2 | | (3) attend or reside in a facility established for the
| 3 | | instruction or residence of persons on probation or parole;
| 4 | | (4) support his or her dependents;
| 5 | | (5) (blank);
| 6 | | (6) (blank);
| 7 | | (7) (blank);
| 8 | | (7.5) if convicted for an offense committed on or after | 9 | | the effective date of this amendatory Act of the 95th | 10 | | General Assembly that would qualify the accused as a child | 11 | | sex offender as defined in Section 11-9.3 or 11-9.4 of the | 12 | | Criminal Code of 1961 or the Criminal Code of 2012, refrain | 13 | | from communicating with or contacting, by means of the | 14 | | Internet, a person who is related to the accused and whom | 15 | | the accused reasonably believes to be under 18 years of | 16 | | age; for purposes of this paragraph (7.5), "Internet" has | 17 | | the meaning ascribed to it in Section 16-0.1 of the | 18 | | Criminal Code of 2012; and a person is related to the | 19 | | accused if the person is: (i) the spouse, brother, or | 20 | | sister of the accused; (ii) a descendant of the accused; | 21 | | (iii) a first or second cousin of the accused; or (iv) a | 22 | | step-child or adopted child of the accused; | 23 | | (7.6) if convicted for an offense committed on or after | 24 | | June 1, 2009 (the effective date of Public Act 95-983) that | 25 | | would qualify as a sex offense as defined in the Sex | 26 | | Offender Registration Act: |
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| 1 | | (i) not access or use a computer or any other | 2 | | device with Internet capability without the prior | 3 | | written approval of the Department; | 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 supervising | 7 | | agent or aftercare specialist, a law enforcement | 8 | | officer, or assigned computer or information | 9 | | technology specialist, including the retrieval and | 10 | | copying of all data from the computer or device and any | 11 | | internal or external peripherals and removal of such | 12 | | information, equipment, or device to conduct a more | 13 | | thorough 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 Board, the Department or the offender's | 22 | | supervising agent or aftercare specialist; and
| 23 | | (8) in addition, if a minor:
| 24 | | (i) reside with his or her parents or in a foster | 25 | | home;
| 26 | | (ii) attend school;
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| 1 | | (iii) attend a non-residential program for youth; | 2 | | or
| 3 | | (iv) contribute to his or her own support at home | 4 | | or in a foster
home.
| 5 | | (b-1) In addition to the conditions set forth in | 6 | | subsections (a) and (b), persons required to register as sex | 7 | | offenders pursuant to the Sex Offender Registration Act, upon | 8 | | release from the custody of the Illinois Department of | 9 | | Corrections or Department of Juvenile Justice, may be required | 10 | | by the Board to comply with the following specific conditions | 11 | | of release: | 12 | | (1) reside only at a Department approved location; | 13 | | (2) comply with all requirements of the Sex Offender | 14 | | Registration Act;
| 15 | | (3) notify
third parties of the risks that may be | 16 | | occasioned by his or her criminal record; | 17 | | (4) obtain the approval of an agent of the Department | 18 | | of Corrections or the Department of Juvenile Justice prior | 19 | | to accepting employment or pursuing a course of study or | 20 | | vocational training and notify the Department prior to any | 21 | | change in employment, study, or training; | 22 | | (5) not be employed or participate in any
volunteer | 23 | | activity that involves contact with children, except under | 24 | | circumstances approved in advance and in writing by an | 25 | | agent of the Department of Corrections or the Department of | 26 | | Juvenile Justice; |
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| 1 | | (6) be electronically monitored for a minimum of 12 | 2 | | months from the date of release as determined by the Board;
| 3 | | (7) refrain from entering into a designated
geographic | 4 | | area except upon terms approved in advance by an agent of | 5 | | the Department of Corrections or the Department of Juvenile | 6 | | Justice. The terms may include consideration of the purpose | 7 | | of the entry, the time of day, and others accompanying the | 8 | | person; | 9 | | (8) refrain from having any contact, including
written | 10 | | or oral communications, directly or indirectly, personally | 11 | | or by telephone, letter, or through a third party with | 12 | | certain specified persons including, but not limited to, | 13 | | the victim or the victim's family without the prior written | 14 | | approval of an agent of the Department of Corrections or | 15 | | the Department of Juvenile Justice; | 16 | | (9) refrain from all contact, directly or
indirectly, | 17 | | personally, by telephone, letter, or through a third party, | 18 | | with minor children without prior identification and | 19 | | approval of an agent of the Department of Corrections or | 20 | | the Department of Juvenile Justice; | 21 | | (10) neither possess or have under his or her
control | 22 | | any material that is sexually oriented, sexually | 23 | | stimulating, or that shows male or female sex organs or any | 24 | | pictures depicting children under 18 years of age nude or | 25 | | any written or audio material describing sexual | 26 | | intercourse or that depicts or alludes to sexual activity, |
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| 1 | | including but not limited to visual, auditory, telephonic, | 2 | | or electronic media, or any matter obtained through access | 3 | | to any computer or material linked to computer access use; | 4 | | (11) not patronize any business providing
sexually | 5 | | stimulating or sexually oriented entertainment nor utilize | 6 | | "900" or adult telephone numbers; | 7 | | (12) not reside near, visit, or be in or about
parks, | 8 | | schools, day care centers, swimming pools, beaches, | 9 | | theaters, or any other places where minor children | 10 | | congregate without advance approval of an agent of the | 11 | | Department of Corrections or the Department of Juvenile | 12 | | Justice and immediately report any incidental contact with | 13 | | minor children to the Department; | 14 | | (13) not possess or have under his or her control
| 15 | | certain specified items of contraband related to the | 16 | | incidence of sexually offending as determined by an agent | 17 | | of the Department of Corrections or the Department of | 18 | | Juvenile Justice; | 19 | | (14) may be required to provide a written daily log of | 20 | | activities
if directed by an agent of the Department of | 21 | | Corrections or the Department of Juvenile Justice; | 22 | | (15) comply with all other special conditions
that the | 23 | | Department may impose that restrict the person from | 24 | | high-risk situations and limit access to potential | 25 | | victims; | 26 | | (16) take an annual polygraph exam; |
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| 1 | | (17) maintain a log of his or her travel; or | 2 | | (18) obtain prior approval of his or her parole officer | 3 | | or aftercare specialist before driving alone in a motor | 4 | | vehicle.
| 5 | | (c) The conditions under which the parole, aftercare | 6 | | release, or mandatory
supervised release is to be served shall | 7 | | be communicated to
the person in writing prior to his or her | 8 | | release, and he or she shall
sign the same before release. A | 9 | | signed copy of these conditions,
including a copy of an order | 10 | | of protection where one had been issued by the
criminal court, | 11 | | shall be retained by the person and another copy forwarded to
| 12 | | the officer or aftercare specialist in charge of his or her | 13 | | supervision.
| 14 | | (d) After a hearing under Section 3-3-9, the Prisoner
| 15 | | Review Board may modify or enlarge the conditions of parole, | 16 | | aftercare release,
or mandatory supervised release.
| 17 | | (e) The Department shall inform all offenders committed to
| 18 | | the Department of the optional services available to them
upon | 19 | | release and shall assist inmates in availing themselves
of such | 20 | | optional services upon their release on a voluntary
basis. | 21 | | (f) (Blank).
| 22 | | (Source: P.A. 97-50, eff. 6-28-11; 97-531, eff. 1-1-12; 97-560, | 23 | | eff. 1-1-12; 97-597, eff. 1-1-12; 97-1109, eff. 1-1-13; | 24 | | 97-1150, eff. 1-25-13; 98-558, eff. 1-1-14.) | 25 | | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) |
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| 1 | | Sec. 5-6-3. Conditions of Probation and of Conditional | 2 | | Discharge.
| 3 | | (a) The conditions of probation and of conditional | 4 | | discharge shall be
that the person:
| 5 | | (1) not violate any criminal statute of any | 6 | | jurisdiction;
| 7 | | (2) report to or appear in person before such person or | 8 | | agency as
directed by the court;
| 9 | | (3) refrain from possessing a firearm or other | 10 | | dangerous weapon where the offense is a felony or, if a | 11 | | misdemeanor, the offense involved the intentional or | 12 | | knowing infliction of bodily harm or threat of bodily harm;
| 13 | | (4) not leave the State without the consent of the | 14 | | court or, in
circumstances in which the reason for the | 15 | | absence is of such an emergency
nature that prior consent | 16 | | by the court is not possible, without the prior
| 17 | | notification and approval of the person's probation
| 18 | | officer. Transfer of a person's probation or conditional | 19 | | discharge
supervision to another state is subject to | 20 | | acceptance by the other state
pursuant to the Interstate | 21 | | Compact for Adult Offender Supervision;
| 22 | | (5) permit the probation officer to visit
him at his | 23 | | home or elsewhere
to the extent necessary to discharge his | 24 | | duties;
| 25 | | (6) perform no less than 30 hours of community service | 26 | | and not more than
120 hours of community service, if |
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| 1 | | community service is available in the
jurisdiction and is | 2 | | funded and approved by the county board where the offense
| 3 | | was committed, where the offense was related to or in | 4 | | furtherance of the
criminal activities of an organized gang | 5 | | and was motivated by the offender's
membership in or | 6 | | allegiance to an organized gang. The community service | 7 | | shall
include, but not be limited to, the cleanup and | 8 | | repair of any damage caused by
a violation of Section | 9 | | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of | 10 | | 2012 and similar damage
to property located within the | 11 | | municipality or county in which the violation
occurred. | 12 | | When possible and reasonable, the community service should | 13 | | be
performed in the offender's neighborhood. For purposes | 14 | | of this Section,
"organized gang" has the meaning ascribed | 15 | | to it in Section 10 of the Illinois
Streetgang Terrorism | 16 | | Omnibus Prevention Act;
| 17 | | (7) if he or she is at least 17 years of age and has | 18 | | been sentenced to
probation or conditional discharge for a | 19 | | misdemeanor or felony in a county of
3,000,000 or more | 20 | | inhabitants and has not been previously convicted of a
| 21 | | misdemeanor or felony, may be required by the sentencing | 22 | | court to attend
educational courses designed to prepare the | 23 | | defendant for a high school diploma
and to work toward a | 24 | | high school diploma or to work toward passing the high
| 25 | | school level Test of General Educational Development (GED) | 26 | | or to work toward
completing a vocational training program |
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| 1 | | approved by the court. The person on
probation or | 2 | | conditional discharge must attend a public institution of
| 3 | | education to obtain the educational or vocational training | 4 | | required by this
clause (7). The court shall revoke the | 5 | | probation or conditional discharge of a
person who wilfully | 6 | | fails to comply with this clause (7). The person on
| 7 | | probation or conditional discharge shall be required to pay | 8 | | for the cost of the
educational courses or GED test, if a | 9 | | fee is charged for those courses or
test. The court shall | 10 | | resentence the offender whose probation or conditional
| 11 | | discharge has been revoked as provided in Section 5-6-4. | 12 | | This clause (7) does
not apply to a person who has a high | 13 | | school diploma or has successfully passed
the GED test. | 14 | | This clause (7) does not apply to a person who is | 15 | | determined by
the court to be developmentally disabled or | 16 | | otherwise mentally incapable of
completing the educational | 17 | | or vocational program;
| 18 | | (8) if convicted of possession of a substance | 19 | | prohibited
by the Cannabis Control Act, the Illinois | 20 | | Controlled Substances Act, or the Methamphetamine Control | 21 | | and Community Protection Act
after a previous conviction or | 22 | | disposition of supervision for possession of a
substance | 23 | | prohibited by the Cannabis Control Act or Illinois | 24 | | Controlled
Substances Act or after a sentence of probation | 25 | | under Section 10 of the
Cannabis
Control Act, Section 410 | 26 | | of the Illinois Controlled Substances Act, or Section 70 of |
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| 1 | | the Methamphetamine Control and Community Protection Act | 2 | | and upon a
finding by the court that the person is | 3 | | addicted, undergo treatment at a
substance abuse program | 4 | | approved by the court;
| 5 | | (8.5) if convicted of a felony sex offense as defined | 6 | | in the Sex
Offender
Management Board Act, the person shall | 7 | | undergo and successfully complete sex
offender treatment | 8 | | by a treatment provider approved by the Board and conducted
| 9 | | in conformance with the standards developed under the Sex
| 10 | | Offender Management Board Act;
| 11 | | (8.6) if convicted of a sex offense as defined in the | 12 | | Sex Offender Management Board Act, refrain from residing at | 13 | | the same address or in the same condominium unit or | 14 | | apartment unit or in the same condominium complex or | 15 | | apartment complex with another person he or she knows or | 16 | | reasonably should know is a convicted sex offender or has | 17 | | been placed on supervision for a sex offense; the | 18 | | provisions of this paragraph do not apply to a person | 19 | | convicted of a sex offense who is placed in a Department of | 20 | | Corrections licensed transitional housing facility for sex | 21 | | offenders; | 22 | | (8.7) if convicted for an offense committed on or after | 23 | | June 1, 2008 (the effective date of Public Act 95-464) that | 24 | | would qualify the accused as a child sex offender as | 25 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | 26 | | 1961 or the Criminal Code of 2012, refrain from |
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| 1 | | communicating with or contacting, by means of the Internet, | 2 | | a person who is not related to the accused and whom the | 3 | | accused reasonably believes to be under 18 years of age; | 4 | | for purposes of this paragraph (8.7), "Internet" has the | 5 | | meaning ascribed to it in Section 16-0.1 of the Criminal | 6 | | Code of 2012; and a person is not related to the accused if | 7 | | the person is not: (i) the spouse, brother, or sister of | 8 | | the accused; (ii) a descendant of the accused; (iii) a | 9 | | first or second cousin of the accused; or (iv) a step-child | 10 | | or adopted child of the accused; | 11 | | (8.8) if convicted for an offense under Section 11-6, | 12 | | 11-9.1, 11-14.4 that involves soliciting for a juvenile | 13 | | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | 14 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 15 | | or any attempt to commit any of these offenses, committed | 16 | | on or after June 1, 2009 (the effective date of Public Act | 17 | | 95-983): | 18 | | (i) not access or use a computer or any other | 19 | | device with Internet capability without the prior | 20 | | written approval of the offender's probation officer, | 21 | | except in connection with the offender's employment or | 22 | | search for employment with the prior approval of the | 23 | | offender's probation officer; | 24 | | (ii) submit to periodic unannounced examinations | 25 | | of the offender's computer or any other device with | 26 | | Internet capability by the offender's probation |
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| 1 | | officer, a law enforcement officer, or assigned | 2 | | computer or information technology specialist, | 3 | | including the retrieval and copying of all data from | 4 | | the computer or device and any internal or external | 5 | | peripherals and removal of such information, | 6 | | equipment, or device to conduct a more thorough | 7 | | inspection; | 8 | | (iii) submit to the installation on the offender's | 9 | | computer or device with Internet capability, at the | 10 | | offender's expense, of one or more hardware or software | 11 | | systems to monitor the Internet use; and | 12 | | (iv) submit to any other appropriate restrictions | 13 | | concerning the offender's use of or access to a | 14 | | computer or any other device with Internet capability | 15 | | imposed by the offender's probation officer; | 16 | | (8.9) if convicted of a sex offense as defined in the | 17 | | Sex Offender
Registration Act committed on or after January | 18 | | 1, 2010 (the effective date of Public Act 96-262), refrain | 19 | | from accessing or using a social networking website as | 20 | | defined in Section 17-0.5 of the Criminal Code of 2012;
| 21 | | (9) if convicted of a felony or of any misdemeanor | 22 | | violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or | 23 | | 12-3.5 of the Criminal Code of 1961 or the Criminal Code of | 24 | | 2012 that was determined, pursuant to Section 112A-11.1 of | 25 | | the Code of Criminal Procedure of 1963, to trigger the | 26 | | prohibitions of 18 U.S.C. 922(g)(9), physically surrender |
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| 1 | | at a time and place
designated by the court, his or her | 2 | | Firearm
Owner's Identification Card and
any and all | 3 | | firearms in
his or her possession. The Court shall return | 4 | | to the Department of State Police Firearm Owner's | 5 | | Identification Card Office the person's Firearm Owner's | 6 | | Identification Card;
| 7 | | (10) if convicted of a sex offense as defined in | 8 | | subsection (a-5) of Section 3-1-2 of this Code, unless the | 9 | | offender is a parent or guardian of the person under 18 | 10 | | years of age present in the home and no non-familial minors | 11 | | are present, not participate in a holiday event involving | 12 | | children under 18 years of age, such as distributing candy | 13 | | or other items to children on Halloween, wearing a Santa | 14 | | Claus costume on or preceding Christmas, being employed as | 15 | | a department store Santa Claus, or wearing an Easter Bunny | 16 | | costume on or preceding Easter; | 17 | | (10.5) if convicted of a sex offense as defined in | 18 | | subsection (a-5) of Section 3-1-2 of this Code, attend on | 19 | | Halloween or on any other day in which children under 18 | 20 | | years of age participate in Halloween activities a group | 21 | | meeting with other probationers convicted of sex offenses. | 22 | | The meeting shall be held at a time of day or night | 23 | | coinciding with the time set for Halloween activities by | 24 | | the municipality where the sex offender resides, or if the | 25 | | sex offender resides in an unincorporated area, the time | 26 | | set by the county where the sex offender resides, and at a |
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| 1 | | location set by the probation officer assigned to the | 2 | | probationer. The meeting shall be supervised by a probation | 3 | | officer assigned by the Probation and Court Services | 4 | | Department; | 5 | | (11) if convicted of a sex offense as defined in | 6 | | Section 2 of the Sex Offender Registration Act committed on | 7 | | or after January 1, 2010 (the effective date of Public Act | 8 | | 96-362) that requires the person to register as a sex | 9 | | offender under that Act, may not knowingly use any computer | 10 | | scrub software on any computer that the sex offender uses; | 11 | | and | 12 | | (12) if convicted of a violation of the Methamphetamine | 13 | | Control and Community Protection Act, the Methamphetamine
| 14 | | Precursor Control Act, or a methamphetamine related | 15 | | offense: | 16 | | (A) prohibited from purchasing, possessing, or | 17 | | having under his or her control any product containing | 18 | | pseudoephedrine unless prescribed by a physician; and | 19 | | (B) prohibited from purchasing, possessing, or | 20 | | having under his or her control any product containing | 21 | | ammonium nitrate. | 22 | | (b) The Court may in addition to other reasonable | 23 | | conditions relating to the
nature of the offense or the | 24 | | rehabilitation of the defendant as determined for
each | 25 | | defendant in the proper discretion of the Court require that | 26 | | the person:
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| 1 | | (1) serve a term of periodic imprisonment under Article | 2 | | 7 for a
period not to exceed that specified in paragraph | 3 | | (d) of Section 5-7-1;
| 4 | | (2) pay a fine and costs;
| 5 | | (3) work or pursue a course of study or vocational | 6 | | training;
| 7 | | (4) undergo medical, psychological or psychiatric | 8 | | treatment; or treatment
for drug addiction or alcoholism;
| 9 | | (5) attend or reside in a facility established for the | 10 | | instruction
or residence of defendants on probation;
| 11 | | (6) support his dependents;
| 12 | | (7) and in addition, if a minor:
| 13 | | (i) reside with his parents or in a foster home;
| 14 | | (ii) attend school;
| 15 | | (iii) attend a non-residential program for youth;
| 16 | | (iv) contribute to his own support at home or in a | 17 | | foster home;
| 18 | | (v) with the consent of the superintendent of the
| 19 | | facility, attend an educational program at a facility | 20 | | other than the school
in which the
offense was | 21 | | committed if he
or she is convicted of a crime of | 22 | | violence as
defined in
Section 2 of the Crime Victims | 23 | | Compensation Act committed in a school, on the
real
| 24 | | property
comprising a school, or within 1,000 feet of | 25 | | the real property comprising a
school;
| 26 | | (8) make restitution as provided in Section 5-5-6 of |
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| 1 | | this Code;
| 2 | | (9) perform some reasonable public or community | 3 | | service;
| 4 | | (10) serve a term of home confinement. In addition to | 5 | | any other
applicable condition of probation or conditional | 6 | | discharge, the
conditions of home confinement shall be that | 7 | | the offender:
| 8 | | (i) remain within the interior premises of the | 9 | | place designated for
his confinement during the hours | 10 | | designated by the court;
| 11 | | (ii) admit any person or agent designated by the | 12 | | court into the
offender's place of confinement at any | 13 | | time for purposes of verifying
the offender's | 14 | | compliance with the conditions of his confinement; and
| 15 | | (iii) if further deemed necessary by the court or | 16 | | the
Probation or
Court Services Department, be placed | 17 | | on an approved
electronic monitoring device, subject | 18 | | to Article 8A of Chapter V;
| 19 | | (iv) for persons convicted of any alcohol, | 20 | | cannabis or controlled
substance violation who are | 21 | | placed on an approved monitoring device as a
condition | 22 | | of probation or conditional discharge, the court shall | 23 | | impose a
reasonable fee for each day of the use of the | 24 | | device, as established by the
county board in | 25 | | subsection (g) of this Section, unless after | 26 | | determining the
inability of the offender to pay the |
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| 1 | | fee, the court assesses a lesser fee or no
fee as the | 2 | | case may be. This fee shall be imposed in addition to | 3 | | the fees
imposed under subsections (g) and (i) of this | 4 | | Section. The fee shall be
collected by the clerk of the | 5 | | circuit court. The clerk of the circuit
court shall pay | 6 | | all monies collected from this fee to the county | 7 | | treasurer
for deposit in the substance abuse services | 8 | | fund under Section 5-1086.1 of
the Counties Code; and
| 9 | | (v) for persons convicted of offenses other than | 10 | | those referenced in
clause (iv) above and who are | 11 | | placed on an approved monitoring device as a
condition | 12 | | of probation or conditional discharge, the court shall | 13 | | impose
a reasonable fee for each day of the use of the | 14 | | device, as established by the
county board in | 15 | | subsection (g) of this Section, unless after | 16 | | determining the
inability of the defendant to pay the | 17 | | fee, the court assesses a lesser fee or
no fee as the | 18 | | case may be. This fee shall be imposed in addition to | 19 | | the fees
imposed under subsections (g) and (i) of this | 20 | | Section. The fee
shall be collected by the clerk of the | 21 | | circuit court. The clerk of the circuit
court shall pay | 22 | | all monies collected from this fee
to the county | 23 | | treasurer who shall use the monies collected to defray | 24 | | the
costs of corrections. The county treasurer shall | 25 | | deposit the fee
collected in the probation and court | 26 | | services fund.
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| 1 | | (11) comply with the terms and conditions of an order | 2 | | of protection issued
by the court pursuant to the Illinois | 3 | | Domestic Violence Act of 1986,
as now or hereafter amended, | 4 | | or an order of protection issued by the court of
another | 5 | | state, tribe, or United States territory. A copy of the | 6 | | order of
protection shall be
transmitted to the probation | 7 | | officer or agency
having responsibility for the case;
| 8 | | (12) reimburse any "local anti-crime program" as | 9 | | defined in Section 7
of the Anti-Crime Advisory Council Act | 10 | | for any reasonable expenses incurred
by the program on the | 11 | | offender's case, not to exceed the maximum amount of
the | 12 | | fine authorized for the offense for which the defendant was | 13 | | sentenced;
| 14 | | (13) contribute a reasonable sum of money, not to | 15 | | exceed the maximum
amount of the fine authorized for the
| 16 | | offense for which the defendant was sentenced, (i) to a | 17 | | "local anti-crime
program", as defined in Section 7 of the | 18 | | Anti-Crime Advisory Council Act, or (ii) for offenses under | 19 | | the jurisdiction of the Department of Natural Resources, to | 20 | | the fund established by the Department of Natural Resources | 21 | | for the purchase of evidence for investigation purposes and | 22 | | to conduct investigations as outlined in Section 805-105 of | 23 | | the Department of Natural Resources (Conservation) Law;
| 24 | | (14) refrain from entering into a designated | 25 | | geographic area except upon
such terms as the court finds | 26 | | appropriate. Such terms may include
consideration of the |
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| 1 | | purpose of the entry, the time of day, other persons
| 2 | | accompanying the defendant, and advance approval by a
| 3 | | probation officer, if
the defendant has been placed on | 4 | | probation or advance approval by the
court, if the | 5 | | defendant was placed on conditional discharge;
| 6 | | (15) refrain from having any contact, directly or | 7 | | indirectly, with
certain specified persons or particular | 8 | | types of persons, including but not
limited to members of | 9 | | street gangs and drug users or dealers;
| 10 | | (16) refrain from having in his or her body the | 11 | | presence of any illicit
drug prohibited by the Cannabis | 12 | | Control Act, the Illinois Controlled
Substances Act, or the | 13 | | Methamphetamine Control and Community Protection Act, | 14 | | unless prescribed by a physician, and submit samples of
his | 15 | | or her blood or urine or both for tests to determine the | 16 | | presence of any
illicit drug;
| 17 | | (17) if convicted for an offense committed on or after | 18 | | June 1, 2008 (the effective date of Public Act 95-464) that | 19 | | would qualify the accused as a child sex offender as | 20 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | 21 | | 1961 or the Criminal Code of 2012, refrain from | 22 | | communicating with or contacting, by means of the Internet, | 23 | | a person who is related to the accused and whom the accused | 24 | | reasonably believes to be under 18 years of age; for | 25 | | purposes of this paragraph (17), "Internet" has the meaning | 26 | | ascribed to it in Section 16-0.1 of the Criminal Code of |
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| 1 | | 2012; and a person is related to the accused if the person | 2 | | is: (i) the spouse, brother, or sister of the accused; (ii) | 3 | | a descendant of the accused; (iii) a first or second cousin | 4 | | of the accused; or (iv) a step-child or adopted child of | 5 | | 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, or | 18 | | which has agreed to provide supervision, may impose probation | 19 | | fees upon receiving the transferred offender, as provided in | 20 | | subsection (i). For all transfer cases, as defined in Section | 21 | | 9b of the Probation and Probation Officers Act, the probation | 22 | | department from the original sentencing court shall retain all | 23 | | probation fees collected prior to the transfer. After the | 24 | | transfer
all probation fees shall be paid to the probation | 25 | | department within the
circuit to which jurisdiction has been | 26 | | transferred.
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| 1 | | (i) The court shall impose upon an offender
sentenced to | 2 | | probation after January 1, 1989 or to conditional discharge
| 3 | | after January 1, 1992 or to community service under the | 4 | | supervision of a
probation or court services department after | 5 | | January 1, 2004, as a condition of such probation or | 6 | | conditional
discharge or supervised community service, a fee of | 7 | | $50
for each month of probation or
conditional
discharge | 8 | | supervision or supervised community service ordered by the | 9 | | court, unless after
determining the inability of the person | 10 | | sentenced to probation or conditional
discharge or supervised | 11 | | community service to pay the
fee, the court assesses a lesser | 12 | | fee. The court may not impose the fee on a
minor who is made a | 13 | | ward of the State under the Juvenile Court Act of 1987
while | 14 | | the minor is in placement.
The fee shall be imposed only upon
| 15 | | an offender who is actively supervised by the
probation and | 16 | | court services
department. The fee shall be collected by the | 17 | | clerk
of the circuit court. The clerk of the circuit court | 18 | | shall pay all monies
collected from this fee to the county | 19 | | treasurer for deposit in the
probation and court services fund | 20 | | under Section 15.1 of the
Probation and Probation Officers Act.
| 21 | | A circuit court may not impose a probation fee under this | 22 | | subsection (i) in excess of $25
per month unless the circuit | 23 | | court has adopted, by administrative
order issued by the chief | 24 | | judge, a standard probation fee guide
determining an offender's | 25 | | ability to pay Of the
amount collected as a probation fee, up | 26 | | to $5 of that fee
collected per month may be used to provide |
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| 1 | | services to 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 | | This amendatory Act of the 93rd General Assembly deletes | 15 | | the $10 increase in the fee under this subsection that was | 16 | | imposed by Public Act 93-616. This deletion is intended to | 17 | | control over any other Act of the 93rd General Assembly that | 18 | | retains or incorporates that fee increase. | 19 | | (i-5) In addition to the fees imposed under subsection (i) | 20 | | of this Section, in the case of an offender convicted of a | 21 | | felony sex offense (as defined in the Sex Offender Management | 22 | | Board Act) or an offense that the court or probation department | 23 | | has determined to be sexually motivated (as defined in the Sex | 24 | | Offender Management Board Act), the court or the probation | 25 | | department shall assess additional fees to pay for all costs of | 26 | | treatment, assessment, evaluation for risk and treatment, and |
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| 1 | | monitoring the offender, based on that offender's ability to | 2 | | pay those costs either as they occur or under a payment plan. | 3 | | (j) All fines and costs imposed under this Section for any | 4 | | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | 5 | | Code, or a similar
provision of a local ordinance, and any | 6 | | violation of the Child Passenger
Protection Act, or a similar | 7 | | provision of a local ordinance, shall be
collected and | 8 | | disbursed by the circuit clerk as provided under Section 27.5
| 9 | | of the Clerks of Courts Act.
| 10 | | (k) Any offender who is sentenced to probation or | 11 | | conditional discharge for a felony sex offense as defined in | 12 | | the Sex Offender Management Board Act or any offense that the | 13 | | court or probation department has determined to be sexually | 14 | | motivated as defined in the Sex Offender Management Board Act | 15 | | shall be required to refrain from any contact, directly or | 16 | | indirectly, with any persons specified by the court and shall | 17 | | be available for all evaluations and treatment programs | 18 | | required by the court or the probation department.
| 19 | | (l) The court may order an offender who is sentenced to | 20 | | probation or conditional
discharge for a violation of an order | 21 | | of protection be placed under electronic surveillance as | 22 | | provided in Section 5-8A-7 of this Code. | 23 | | (Source: P.A. 97-454, eff. 1-1-12; 97-560, eff. 1-1-12; 97-597, | 24 | | eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1131, eff. 1-1-13; | 25 | | 97-1150, eff. 1-25-13; 98-575, eff. 1-1-14.)
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| 1 | | (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
| 2 | | Sec. 5-6-3.1. Incidents and Conditions of Supervision.
| 3 | | (a) When a defendant is placed on supervision, the court | 4 | | shall enter
an order for supervision specifying the period of | 5 | | such supervision, and
shall defer further proceedings in the | 6 | | case until the conclusion of the
period.
| 7 | | (b) The period of supervision shall be reasonable under all | 8 | | of the
circumstances of the case, but may not be longer than 2 | 9 | | years, unless the
defendant has failed to pay the assessment | 10 | | required by Section 10.3 of the
Cannabis Control Act,
Section | 11 | | 411.2 of the Illinois Controlled
Substances Act, or Section 80 | 12 | | of the Methamphetamine Control and Community Protection Act, in | 13 | | which case the court may extend supervision beyond 2 years.
| 14 | | Additionally, the court shall order the defendant to perform no | 15 | | less than 30
hours of community service and not more than 120 | 16 | | hours of community service, if
community service is available | 17 | | in the
jurisdiction and is funded and approved by the county | 18 | | board where the offense
was committed,
when the offense (1) was
| 19 | | related to or in furtherance of the criminal activities of an | 20 | | organized gang or
was motivated by the defendant's membership | 21 | | in or allegiance to an organized
gang; or (2) is a violation of | 22 | | any Section of Article 24 of the Criminal
Code of 1961 or the | 23 | | Criminal Code of 2012 where a disposition of supervision is not | 24 | | prohibited by Section
5-6-1 of this Code.
The
community service | 25 | | shall include, but not be limited to, the cleanup and repair
of | 26 | | any damage caused by violation of Section 21-1.3 of the |
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| 1 | | Criminal Code of
1961 or the Criminal Code of 2012 and similar | 2 | | damages to property located within the municipality or county
| 3 | | in which the violation occurred. Where possible and reasonable, | 4 | | the community
service should be performed in the offender's | 5 | | neighborhood.
| 6 | | For the purposes of this
Section, "organized gang" has the | 7 | | meaning ascribed to it in Section 10 of the
Illinois Streetgang | 8 | | Terrorism Omnibus Prevention Act.
| 9 | | (c) The court may in addition to other reasonable | 10 | | conditions
relating to the nature of the offense or the | 11 | | rehabilitation of the
defendant as determined for each | 12 | | defendant in the proper discretion of
the court require that | 13 | | the person:
| 14 | | (1) make a report to and appear in person before or | 15 | | participate with
the court or such courts, person, or | 16 | | social service agency as directed
by the court in the order | 17 | | of supervision;
| 18 | | (2) pay a fine and costs;
| 19 | | (3) work or pursue a course of study or vocational | 20 | | training;
| 21 | | (4) undergo medical, psychological or psychiatric | 22 | | treatment; or
treatment for drug addiction or alcoholism;
| 23 | | (5) attend or reside in a facility established for the | 24 | | instruction
or residence of defendants on probation;
| 25 | | (6) support his dependents;
| 26 | | (7) refrain from possessing a firearm or other |
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| 1 | | dangerous weapon;
| 2 | | (8) and in addition, if a minor:
| 3 | | (i) reside with his parents or in a foster home;
| 4 | | (ii) attend school;
| 5 | | (iii) attend a non-residential program for youth;
| 6 | | (iv) contribute to his own support at home or in a | 7 | | foster home; or
| 8 | | (v) with the consent of the superintendent of the
| 9 | | facility, attend an educational program at a facility | 10 | | other than the school
in which the
offense was | 11 | | committed if he
or she is placed on supervision for a | 12 | | crime of violence as
defined in
Section 2 of the Crime | 13 | | Victims Compensation Act committed in a school, on the
| 14 | | real
property
comprising a school, or within 1,000 feet | 15 | | of the real property comprising a
school;
| 16 | | (9) make restitution or reparation in an amount not to | 17 | | exceed actual
loss or damage to property and pecuniary loss | 18 | | or make restitution under Section
5-5-6 to a domestic | 19 | | violence shelter. The court shall
determine the amount and | 20 | | conditions of payment;
| 21 | | (10) perform some reasonable public or community | 22 | | service;
| 23 | | (11) comply with the terms and conditions of an order | 24 | | of protection
issued by the court pursuant to the Illinois | 25 | | Domestic Violence Act of 1986 or
an order of protection | 26 | | issued by the court of another state, tribe, or United
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| 1 | | States territory.
If the court has ordered the defendant to | 2 | | make a report and appear in
person under paragraph (1) of | 3 | | this subsection, a copy of the order of
protection shall be | 4 | | transmitted to the person or agency so designated
by the | 5 | | court;
| 6 | | (12) reimburse any "local anti-crime program" as | 7 | | defined in Section 7 of
the Anti-Crime Advisory Council Act | 8 | | for any reasonable expenses incurred by the
program on the | 9 | | offender's case, not to exceed the maximum amount of the
| 10 | | fine authorized for the offense for which the defendant was | 11 | | sentenced;
| 12 | | (13) contribute a reasonable sum of money, not to
| 13 | | exceed the maximum amount of the fine authorized for the | 14 | | offense for which
the defendant was sentenced, (i) to a | 15 | | "local anti-crime program", as defined
in Section 7 of the | 16 | | Anti-Crime Advisory Council Act, or (ii) for offenses under | 17 | | the jurisdiction of the Department of Natural Resources, to | 18 | | the fund established by the Department of Natural Resources | 19 | | for the purchase of evidence for investigation purposes and | 20 | | to conduct investigations as outlined in Section 805-105 of | 21 | | the Department of Natural Resources (Conservation) Law;
| 22 | | (14) refrain from entering into a designated | 23 | | geographic area except
upon such terms as the court finds | 24 | | appropriate. Such terms may include
consideration of the | 25 | | purpose of the entry, the time of day, other persons
| 26 | | accompanying the defendant, and advance approval by a |
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| 1 | | probation officer;
| 2 | | (15) refrain from having any contact, directly or | 3 | | indirectly, with
certain specified persons or particular | 4 | | types of person, including but not
limited to members of | 5 | | street gangs and drug users or dealers;
| 6 | | (16) refrain from having in his or her body the | 7 | | presence of any illicit
drug prohibited by the Cannabis | 8 | | Control Act, the Illinois Controlled
Substances Act, or the | 9 | | Methamphetamine Control and Community Protection Act, | 10 | | unless prescribed by a physician, and submit samples of
his | 11 | | or her blood or urine or both for tests to determine the | 12 | | presence of any
illicit drug;
| 13 | | (17) refrain from operating any motor vehicle not | 14 | | equipped with an
ignition interlock device as defined in | 15 | | Section 1-129.1 of the Illinois
Vehicle Code; under this | 16 | | condition the court may allow a defendant who is not
| 17 | | self-employed to operate a vehicle owned by the defendant's | 18 | | employer that is
not equipped with an ignition interlock | 19 | | device in the course and scope of the
defendant's | 20 | | employment; and
| 21 | | (18) if placed on supervision for a sex offense as | 22 | | defined in subsection (a-5) of Section 3-1-2 of this Code, | 23 | | unless the offender is a parent or guardian of the person | 24 | | under 18 years of age present in the home and no | 25 | | non-familial minors are present, not participate in a | 26 | | holiday event involving
children
under 18 years of age, |
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| 1 | | such as distributing candy or other items to children on
| 2 | | Halloween,
wearing a Santa Claus costume on or preceding | 3 | | Christmas, being employed as a
department store Santa | 4 | | Claus, or wearing an Easter Bunny costume on or
preceding
| 5 | | Easter ; and . | 6 | | (18.5) if placed on supervision for a sex offense as | 7 | | defined in subsection (a-5) of Section 3-1-2 of this Code, | 8 | | attend on Halloween or on any other day in which children | 9 | | under 18 years of age participate in Halloween activities a | 10 | | group meeting with other persons placed on supervision for | 11 | | sex offenses. The meeting shall be held at a time of day or | 12 | | night coinciding with the time set for Halloween activities | 13 | | by the municipality where the sex offender resides, or if | 14 | | the sex offender resides in an unincorporated area, the | 15 | | time set by the county where the sex offender resides, and | 16 | | at a location set by the Probation and Court Services | 17 | | Department. The meeting shall be supervised by a person | 18 | | assigned by the Probation and Court Services Department. | 19 | | (d) The court shall defer entering any judgment on the | 20 | | charges
until the conclusion of the supervision.
| 21 | | (e) At the conclusion of the period of supervision, if the | 22 | | court
determines that the defendant has successfully complied | 23 | | with all of the
conditions of supervision, the court shall | 24 | | discharge the defendant and
enter a judgment dismissing the | 25 | | charges.
| 26 | | (f) Discharge and dismissal upon a successful conclusion of |
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| 1 | | a
disposition of supervision shall be deemed without | 2 | | adjudication of guilt
and shall not be termed a conviction for | 3 | | purposes of disqualification or
disabilities imposed by law | 4 | | upon conviction of a crime. Two years after the
discharge and | 5 | | dismissal under this Section, unless the disposition of
| 6 | | supervision was for a violation of Sections 3-707, 3-708, | 7 | | 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a | 8 | | similar
provision of a local ordinance, or for a violation of | 9 | | Sections 12-3.2, 16-25,
or 16A-3 of the Criminal Code of 1961 | 10 | | or the Criminal Code of 2012, in which case it shall be 5
years | 11 | | after discharge and dismissal, a person may have his record
of | 12 | | arrest sealed or expunged as may be provided by law. However, | 13 | | any
defendant placed on supervision before January 1, 1980, may | 14 | | move for
sealing or expungement of his arrest record, as | 15 | | provided by law, at any
time after discharge and dismissal | 16 | | under this Section.
A person placed on supervision for a sexual | 17 | | offense committed against a minor
as defined in clause | 18 | | (a)(1)(L) of Section 5.2 of the Criminal Identification Act
or | 19 | | for a violation of Section 11-501 of the Illinois Vehicle Code | 20 | | or a
similar provision of a local ordinance
shall not have his | 21 | | or her record of arrest sealed or expunged.
| 22 | | (g) A defendant placed on supervision and who during the | 23 | | period of
supervision undergoes mandatory drug or alcohol | 24 | | testing, or both, or is
assigned to be placed on an approved | 25 | | electronic monitoring device, shall be
ordered to pay the costs | 26 | | incidental to such mandatory drug or alcohol
testing, or both, |
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| 1 | | and costs incidental to such approved electronic
monitoring in | 2 | | accordance with the defendant's ability to pay those costs.
The | 3 | | county board with the concurrence of the Chief Judge of the | 4 | | judicial
circuit in which the county is located shall establish | 5 | | reasonable fees for
the cost of maintenance, testing, and | 6 | | incidental expenses related to the
mandatory drug or alcohol | 7 | | testing, or both, and all costs incidental to
approved | 8 | | electronic monitoring, of all defendants placed on | 9 | | supervision.
The concurrence of the Chief Judge shall be in the | 10 | | form of an
administrative order.
The fees shall be collected by | 11 | | the clerk of the circuit court. The clerk of
the circuit court | 12 | | shall pay all moneys collected from these fees to the county
| 13 | | treasurer who shall use the moneys collected to defray the | 14 | | costs of
drug testing, alcohol testing, and electronic | 15 | | monitoring.
The county treasurer shall deposit the fees | 16 | | collected in the
county working cash fund under Section 6-27001 | 17 | | or Section 6-29002 of the
Counties Code, as the case may be.
| 18 | | (h) A disposition of supervision is a final order for the | 19 | | purposes
of appeal.
| 20 | | (i) The court shall impose upon a defendant placed on | 21 | | supervision
after January 1, 1992 or to community service under | 22 | | the supervision of a
probation or court services department | 23 | | after January 1, 2004, as a condition
of supervision or | 24 | | supervised community service, a fee of $50 for
each month of | 25 | | supervision or supervised community service ordered by the
| 26 | | court, unless after
determining the inability of the person |
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| 1 | | placed on supervision or supervised
community service to pay | 2 | | the
fee, the court assesses a lesser fee. The court may not | 3 | | impose the fee on a
minor who is made a ward of the State under | 4 | | the Juvenile Court Act of 1987
while the minor is in placement.
| 5 | | The fee shall be imposed only upon a
defendant who is actively | 6 | | supervised by the
probation and court services
department. The | 7 | | fee shall be collected by the clerk of the circuit court.
The | 8 | | clerk of the circuit court shall pay all monies collected from | 9 | | this fee
to the county treasurer for deposit in the probation | 10 | | and court services
fund pursuant to Section 15.1 of the | 11 | | Probation and
Probation Officers Act.
| 12 | | A circuit court may not impose a probation fee in excess of | 13 | | $25
per month unless the circuit court has adopted, by | 14 | | administrative
order issued by the chief judge, a standard | 15 | | probation fee guide
determining an offender's ability to pay. | 16 | | Of the
amount collected as a probation fee, not to exceed $5 of | 17 | | that fee
collected per month may be used to provide services to | 18 | | crime victims
and their families. | 19 | | The Court may only waive probation fees based on an | 20 | | offender's ability to pay. The probation department may | 21 | | re-evaluate an offender's ability to pay every 6 months, and, | 22 | | with the approval of the Director of Court Services or the | 23 | | Chief Probation Officer, adjust the monthly fee amount. An | 24 | | offender may elect to pay probation fees due in a lump sum.
Any | 25 | | offender that has been assigned to the supervision of a | 26 | | probation department, or has been transferred either under |
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| 1 | | subsection (h) of this Section or under any interstate compact, | 2 | | shall be required to pay probation fees to the department | 3 | | supervising the offender, based on the offender's ability to | 4 | | pay.
| 5 | | (j) All fines and costs imposed under this Section for any
| 6 | | violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle | 7 | | Code, or a
similar provision of a local ordinance, and any | 8 | | violation of the Child
Passenger Protection Act, or a similar | 9 | | provision of a local ordinance, shall
be collected and | 10 | | disbursed by the circuit clerk as provided under Section
27.5 | 11 | | of the Clerks of Courts Act.
| 12 | | (k) A defendant at least 17 years of age who is placed on | 13 | | supervision
for a misdemeanor in a county of 3,000,000 or more | 14 | | inhabitants
and who has not been previously convicted of a | 15 | | misdemeanor or felony
may as a condition of his or her | 16 | | supervision be required by the court to
attend educational | 17 | | courses designed to prepare the defendant for a high school
| 18 | | diploma and to work toward a high school diploma or to work | 19 | | toward passing the
high school level Test of General | 20 | | Educational Development (GED) or to work
toward completing a | 21 | | vocational training program approved by the court. The
| 22 | | defendant placed on supervision must attend a public | 23 | | institution of education
to obtain the educational or | 24 | | vocational training required by this subsection
(k). The | 25 | | defendant placed on supervision shall be required to pay for | 26 | | the cost
of the educational courses or GED test, if a fee is |
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| 1 | | charged for those courses
or test. The court shall revoke the | 2 | | supervision of a person who wilfully fails
to comply with this | 3 | | subsection (k). The court shall resentence the defendant
upon | 4 | | revocation of supervision as provided in Section 5-6-4. This | 5 | | subsection
(k) does not apply to a defendant who has a high | 6 | | school diploma or has
successfully passed the GED test. This | 7 | | subsection (k) does not apply to a
defendant who is determined | 8 | | by the court to be developmentally disabled or
otherwise | 9 | | mentally incapable of completing the
educational or vocational | 10 | | program.
| 11 | | (l) The court shall require a defendant placed on | 12 | | supervision for
possession of a substance
prohibited by the | 13 | | Cannabis Control Act, the Illinois Controlled Substances Act, | 14 | | or the Methamphetamine Control and Community Protection Act
| 15 | | after a previous conviction or disposition of supervision for | 16 | | possession of a
substance prohibited by the Cannabis Control | 17 | | Act, the Illinois Controlled
Substances Act, or the | 18 | | Methamphetamine Control and Community Protection Act or a | 19 | | sentence of probation under Section 10 of the Cannabis
Control | 20 | | Act or Section 410 of the Illinois Controlled Substances Act
| 21 | | and after a finding by the court that the person is addicted, | 22 | | to undergo
treatment at a substance abuse program approved by | 23 | | the court.
| 24 | | (m) The Secretary of State shall require anyone placed on | 25 | | court supervision
for a
violation of Section 3-707 of the | 26 | | Illinois Vehicle Code or a similar provision
of a local |
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| 1 | | ordinance
to give proof of his or her financial
responsibility | 2 | | as
defined in Section 7-315 of the Illinois Vehicle Code. The | 3 | | proof shall be
maintained by the individual in a manner | 4 | | satisfactory to the Secretary of State
for
a
minimum period of | 5 | | 3 years after the date the proof is first filed.
The proof | 6 | | shall be limited to a single action per arrest and may not be
| 7 | | affected by any post-sentence disposition. The Secretary of | 8 | | State shall
suspend the driver's license of any person
| 9 | | determined by the Secretary to be in violation of this | 10 | | subsection. | 11 | | (n) Any offender placed on supervision for any offense that | 12 | | the court or probation department has determined to be sexually | 13 | | motivated as defined in the Sex Offender Management Board Act | 14 | | shall be required to refrain from any contact, directly or | 15 | | indirectly, with any persons specified by the court and shall | 16 | | be available for all evaluations and treatment programs | 17 | | required by the court or the probation department.
| 18 | | (o) An offender placed on supervision for a sex offense as | 19 | | defined in the Sex Offender
Management Board Act shall refrain | 20 | | from residing at the same address or in the same condominium | 21 | | unit or apartment unit or in the same condominium complex or | 22 | | apartment complex with another person he or she knows or | 23 | | reasonably should know is a convicted sex offender or has been | 24 | | placed on supervision for a sex offense. The provisions of this | 25 | | subsection (o) do not apply to a person convicted of a sex | 26 | | offense who is placed in a Department of Corrections licensed |
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| 1 | | transitional housing facility for sex offenders. | 2 | | (p) An offender placed on supervision for an offense | 3 | | committed on or after June 1, 2008
(the effective date of | 4 | | Public Act 95-464)
that would qualify the accused as a child | 5 | | sex offender as defined in Section 11-9.3 or 11-9.4 of the | 6 | | Criminal Code of 1961 or the Criminal Code of 2012 shall | 7 | | refrain from communicating with or contacting, by means of the | 8 | | Internet, a person who is not related to the accused and whom | 9 | | the accused reasonably believes to be under 18 years of age. | 10 | | For purposes of this subsection (p), "Internet" has the meaning | 11 | | ascribed to it in Section 16-0.1 of the Criminal Code of 2012; | 12 | | and a person is not related to the accused if the person is | 13 | | not: (i) the spouse, brother, or sister of the accused; (ii) a | 14 | | descendant of the accused; (iii) a first or second cousin of | 15 | | the accused; or (iv) a step-child or adopted child of the | 16 | | accused.
| 17 | | (q) An offender placed on supervision for an offense | 18 | | committed on or after June 1, 2008
(the effective date of | 19 | | Public Act 95-464)
that would qualify the accused as a child | 20 | | sex offender as defined in Section 11-9.3 or 11-9.4 of the | 21 | | Criminal Code of 1961 or the Criminal Code of 2012 shall, if so | 22 | | ordered by the court, refrain from communicating with or | 23 | | contacting, by means of the Internet, a person who is related | 24 | | to the accused and whom the accused reasonably believes to be | 25 | | under 18 years of age. For purposes of this subsection (q), | 26 | | "Internet" has the meaning ascribed to it in Section 16-0.1 of |
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| 1 | | the Criminal Code of 2012; and a person is related to the | 2 | | accused if the person is: (i) the spouse, brother, or sister of | 3 | | the accused; (ii) a descendant of the accused; (iii) a first or | 4 | | second cousin of the accused; or (iv) a step-child or adopted | 5 | | child of the accused.
| 6 | | (r) An offender placed on supervision for an offense under | 7 | | Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a | 8 | | juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or | 9 | | 11-21 of the Criminal Code of 1961 or the Criminal Code of | 10 | | 2012, or any attempt to commit any of these offenses, committed | 11 | | on or after the effective date of this amendatory Act of the | 12 | | 95th General Assembly shall: | 13 | | (i) not access or use a computer or any other device | 14 | | with Internet capability without the prior written | 15 | | approval of the court, except in connection with the | 16 | | offender's employment or search for employment with the | 17 | | prior approval of the court; | 18 | | (ii) submit to periodic unannounced examinations of | 19 | | the offender's computer or any other device with Internet | 20 | | capability by the offender's probation officer, a law | 21 | | enforcement officer, or assigned computer or information | 22 | | technology specialist, including the retrieval and copying | 23 | | of all data from the computer or device and any internal or | 24 | | external peripherals and removal of such information, | 25 | | equipment, or device to conduct a more thorough 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 | | offender'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 computer or | 6 | | any other device with Internet capability imposed by the | 7 | | court. | 8 | | (s) An offender placed on supervision for an offense that | 9 | | is a sex offense as defined in Section 2 of the Sex Offender | 10 | | Registration Act that is committed on or after January 1, 2010 | 11 | | (the effective date of Public Act 96-362) that requires the | 12 | | person to register as a sex offender under that Act, may not | 13 | | knowingly use any computer scrub software on any computer that | 14 | | the sex offender uses. | 15 | | (t) An offender placed on supervision for a sex offense as | 16 | | defined in the Sex Offender
Registration Act committed on or | 17 | | after January 1, 2010 (the effective date of Public Act 96-262) | 18 | | shall refrain from accessing or using a social networking | 19 | | website as defined in Section 17-0.5 of the Criminal Code of | 20 | | 2012. | 21 | | (u) Jurisdiction over an offender may be transferred from | 22 | | the sentencing court to the court of another circuit with the | 23 | | concurrence of both courts. Further transfers or retransfers of | 24 | | jurisdiction are also authorized in the same manner. The court | 25 | | to which jurisdiction has been transferred shall have the same | 26 | | powers as the sentencing court. The probation department within |
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| 1 | | the circuit to which jurisdiction has been transferred may | 2 | | impose probation fees upon receiving the transferred offender, | 3 | | as provided in subsection (i). The probation department from | 4 | | the original sentencing court shall retain all probation fees | 5 | | collected prior to the transfer. | 6 | | (Source: P.A. 96-262, eff. 1-1-10; 96-362, eff. 1-1-10; 96-409, | 7 | | eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1414, eff. 1-1-11; | 8 | | 96-1551, Article 2, Section 1065, eff. 7-1-11; 96-1551, Article | 9 | | 10, Section 10-150, eff. 7-1-11; 97-454, eff. 1-1-12; 97-597, | 10 | | eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
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