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90_HB0544
730 ILCS 5/5-6-3 from Ch. 38, par. 1005-6-3
Amends the Unified Code of Corrections. Extends the
maximum period of imprisonment that the court may require as
a condition of a sentence of probation or conditional
discharge from 6 months to one year.
LRB9002763RCks
LRB9002763RCks
1 AN ACT to amend the Unified Code of Corrections by
2 changing Section 5-6-3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unified Code of Corrections is amended by
6 changing Section 5-6-3 as follows:
7 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
8 (Text of Section before amendment by P.A. 89-688)
9 Sec. 5-6-3. Conditions of Probation and of Conditional
10 Discharge.
11 (a) The conditions of probation and of conditional
12 discharge shall be that the person:
13 (1) not violate any criminal statute of any
14 jurisdiction;
15 (2) report to or appear in person before such
16 person or agency as directed by the court;
17 (3) refrain from possessing a firearm or other
18 dangerous weapon;
19 (4) not leave the State without the consent of the
20 court or, in circumstances in which the reason for the
21 absence is of such an emergency nature that prior consent
22 by the court is not possible, without the prior
23 notification and approval of the person's probation
24 officer;
25 (5) permit the probation officer to visit him at
26 his home or elsewhere to the extent necessary to
27 discharge his duties; and
28 (6) perform no less than 30 hours of community
29 service and not more than 120 hours of community service,
30 if community service is available in the jurisdiction and
31 is funded and approved by the county board where the
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1 offense was committed, where the offense was related to
2 or in furtherance of the criminal activities of an
3 organized gang and was motivated by the offender's
4 membership in or allegiance to an organized gang. The
5 community service shall include, but not be limited to,
6 the cleanup and repair of any damage caused by a
7 violation of Section 21-1.3 of the Criminal Code of 1961
8 and similar damage to property located within the
9 municipality or county in which the violation occurred.
10 When possible and reasonable, the community service
11 should be performed in the offender's neighborhood. For
12 purposes of this Section, "organized gang" has the
13 meaning ascribed to it in Section 10 of the Illinois
14 Streetgang Terrorism Omnibus Prevention Act.
15 (b) The Court may in addition to other reasonable
16 conditions relating to the nature of the offense or the
17 rehabilitation of the defendant as determined for each
18 defendant in the proper discretion of the Court require that
19 the person:
20 (1) serve a term of periodic imprisonment under
21 Article 7 for a period not to exceed that specified in
22 paragraph (d) of Section 5-7-1;
23 (2) pay a fine and costs;
24 (3) work or pursue a course of study or vocational
25 training;
26 (4) undergo medical, psychological or psychiatric
27 treatment; or treatment for drug addiction or alcoholism;
28 (5) attend or reside in a facility established for
29 the instruction or residence of defendants on probation;
30 (6) support his dependents;
31 (7) and in addition, if a minor:
32 (i) reside with his parents or in a foster
33 home;
34 (ii) attend school;
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1 (iii) attend a non-residential program for
2 youth;
3 (iv) contribute to his own support at home or
4 in a foster home;
5 (8) make restitution as provided in Section 5-5-6
6 of this Code;
7 (9) perform some reasonable public or community
8 service;
9 (10) serve a term of home confinement. In addition
10 to any other applicable condition of probation or
11 conditional discharge, the conditions of home confinement
12 shall be that the offender:
13 (i) remain within the interior premises of the
14 place designated for his confinement during the
15 hours designated by the court;
16 (ii) admit any person or agent designated by
17 the court into the offender's place of confinement
18 at any time for purposes of verifying the offender's
19 compliance with the conditions of his confinement;
20 and
21 (iii) if further deemed necessary by the court
22 or the Probation or Court Services Department, be
23 placed on an approved electronic monitoring device,
24 subject to Article 8A of Chapter V;
25 (iv) for persons convicted of any alcohol,
26 cannabis or controlled substance violation who are
27 placed on an approved monitoring device as a
28 condition of probation or conditional discharge, the
29 court shall impose a fee not to exceed $5 for each
30 day of the use of the device, unless after
31 determining the inability of the offender to pay the
32 fee, the court assesses a lesser fee or no fee as
33 the case may be. The fee shall be collected by the
34 clerk of the circuit court. The clerk of the
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1 circuit court shall pay all monies collected from
2 this fee to the county treasurer for deposit in the
3 substance abuse services fund under Section 5-1086.1
4 of the Counties Code; and
5 (v) for persons convicted of offenses other
6 than those referenced in clause (iv) above and who
7 are placed on an approved monitoring device as a
8 condition of probation or conditional discharge, the
9 court shall impose a fee not to exceed $5 for each
10 day of the use of the device, unless after
11 determining the inability of the defendant to pay
12 the fee, the court assesses a lesser fee or no fee
13 as the case may be. The fee shall be imposed in
14 addition to the fee imposed under subsection (i) of
15 Section 5-6-3. The fee shall be collected by the
16 clerk of the circuit court. The clerk of the circuit
17 court shall pay all monies collected from this fee
18 to the county treasurer who shall use the monies
19 collected to defray the costs of corrections. The
20 county treasurer shall deposit the fee collected in
21 the county working cash fund under Section 6-27001
22 of the Counties Code.
23 (11) comply with the terms and conditions of an
24 order of protection issued by the court pursuant to the
25 Illinois Domestic Violence Act of 1986, as now or
26 hereafter amended. A copy of the order of protection
27 shall be transmitted to the probation officer or agency
28 having responsibility for the case;
29 (12) reimburse any "local anti-crime program" as
30 defined in Section 7 of the Anti-Crime Advisory Council
31 Act for any reasonable expenses incurred by the program
32 on the offender's case, not to exceed the maximum amount
33 of the fine authorized for the offense for which the
34 defendant was sentenced;
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1 (13) contribute a reasonable sum of money, not to
2 exceed the maximum amount of the fine authorized for the
3 offense for which the defendant was sentenced, to a
4 "local anti-crime program", as defined in Section 7 of
5 the Anti-Crime Advisory Council Act;
6 (14) refrain from entering into a designated
7 geographic area except upon such terms as the court finds
8 appropriate. Such terms may include consideration of the
9 purpose of the entry, the time of day, other persons
10 accompanying the defendant, and advance approval by a
11 probation officer, if the defendant has been placed on
12 probation or advance approval by the court, if the
13 defendant was placed on conditional discharge;
14 (15) refrain from having any contact, directly or
15 indirectly, with certain specified persons or particular
16 types of persons, including but not limited to members of
17 street gangs and drug users or dealers;
18 (16) refrain from having in his or her body the
19 presence of any illicit drug prohibited by the Cannabis
20 Control Act or the Illinois Controlled Substances Act,
21 unless prescribed by a physician, and submit samples of
22 his or her blood or urine or both for tests to determine
23 the presence of any illicit drug.
24 (c) The court may as a condition of probation or of
25 conditional discharge require that a person under 18 years of
26 age found guilty of any alcohol, cannabis or controlled
27 substance violation, refrain from acquiring a driver's
28 license during the period of probation or conditional
29 discharge. If such person is in possession of a permit or
30 license, the court may require that the minor refrain from
31 driving or operating any motor vehicle during the period of
32 probation or conditional discharge, except as may be
33 necessary in the course of the minor's lawful employment.
34 (d) An offender sentenced to probation or to conditional
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1 discharge shall be given a certificate setting forth the
2 conditions thereof.
3 (e) The court shall not require as a condition of the
4 sentence of probation or conditional discharge that the
5 offender be committed to a period of imprisonment in excess
6 of one year 6 months. This one year 6 month limit shall not
7 include periods of confinement given pursuant to a sentence
8 of county impact incarceration under Section 5-8-1.2.
9 Persons committed to imprisonment as a condition of
10 probation or conditional discharge shall not be committed to
11 the Department of Corrections.
12 (f) The court may combine a sentence of periodic
13 imprisonment under Article 7 or a sentence to a county impact
14 incarceration program under Article 8 with a sentence of
15 probation or conditional discharge.
16 (g) An offender sentenced to probation or to conditional
17 discharge and who during the term of either undergoes
18 mandatory drug or alcohol testing, or both, or is assigned to
19 be placed on an approved electronic monitoring device, may be
20 ordered to pay all costs incidental to such mandatory drug or
21 alcohol testing, or both, and all costs incidental to such
22 approved electronic monitoring in accordance with the
23 defendant's ability to pay those costs. The county board
24 with the concurrence of the Chief Judge of the judicial
25 circuit in which the county is located may establish
26 reasonable fees for the cost of maintenance, testing, and
27 incidental expenses related to the mandatory drug or alcohol
28 testing, or both, and all costs incidental to approved
29 electronic monitoring, involved in a successful probation
30 program for the county. The concurrence of the Chief Judge
31 shall be in the form of an administrative order.
32 (h) Jurisdiction over an offender may be transferred
33 from the sentencing court to the court of another circuit
34 with the concurrence of both courts. Further transfers or
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1 retransfers of jurisdiction are also authorized in the same
2 manner. The court to which jurisdiction has been transferred
3 shall have the same powers as the sentencing court.
4 (i) The court shall impose upon an offender sentenced to
5 probation after January 1, 1989 or to conditional discharge
6 after January 1, 1992, as a condition of such probation or
7 conditional discharge, a fee of $25 for each month of
8 probation or conditional discharge supervision ordered by the
9 court, unless after determining the inability of the person
10 sentenced to probation or conditional discharge to pay the
11 fee, the court assesses a lesser fee. The court may not
12 impose the fee on a minor who is made a ward of the State
13 under the Juvenile Court Act of 1987 while the minor is in
14 placement. The fee shall be imposed only upon an offender who
15 is actively supervised by the probation and court services
16 department. The fee shall be collected by the clerk of the
17 circuit court. The clerk of the circuit court shall pay all
18 monies collected from this fee to the county treasurer for
19 deposit in the probation and court services fund under
20 Section 15.1 of the Probation and Probation Officers Act.
21 (j) All fines and costs imposed under this Section for
22 any violation of Chapters 3, 4, 6, and 11 of the Illinois
23 Vehicle Code, or a similar provision of a local ordinance,
24 and any violation of the Child Passenger Protection Act, or a
25 similar provision of a local ordinance, shall be collected
26 and disbursed by the circuit clerk as provided under Section
27 27.5 of the Clerks of Courts Act.
28 (Source: P.A. 88-510; 88-680, eff. 1-1-95; 89-198, eff.
29 7-21-95; 89-587, eff. 7-31-96.)
30 (Text of Section after amendment by P.A. 89-688)
31 Sec. 5-6-3. Conditions of Probation and of Conditional
32 Discharge.
33 (a) The conditions of probation and of conditional
34 discharge shall be that the person:
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1 (1) not violate any criminal statute of any
2 jurisdiction;
3 (2) report to or appear in person before such
4 person or agency as directed by the court;
5 (3) refrain from possessing a firearm or other
6 dangerous weapon;
7 (4) not leave the State without the consent of the
8 court or, in circumstances in which the reason for the
9 absence is of such an emergency nature that prior consent
10 by the court is not possible, without the prior
11 notification and approval of the person's probation
12 officer;
13 (5) permit the probation officer to visit him at
14 his home or elsewhere to the extent necessary to
15 discharge his duties;
16 (6) perform no less than 30 hours of community
17 service and not more than 120 hours of community service,
18 if community service is available in the jurisdiction and
19 is funded and approved by the county board where the
20 offense was committed, where the offense was related to
21 or in furtherance of the criminal activities of an
22 organized gang and was motivated by the offender's
23 membership in or allegiance to an organized gang. The
24 community service shall include, but not be limited to,
25 the cleanup and repair of any damage caused by a
26 violation of Section 21-1.3 of the Criminal Code of 1961
27 and similar damage to property located within the
28 municipality or county in which the violation occurred.
29 When possible and reasonable, the community service
30 should be performed in the offender's neighborhood. For
31 purposes of this Section, "organized gang" has the
32 meaning ascribed to it in Section 10 of the Illinois
33 Streetgang Terrorism Omnibus Prevention Act; and
34 (7) if he or she is at least 17 years of age and
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1 has been sentenced to probation or conditional discharge
2 for a misdemeanor or felony in a county of 3,000,000 or
3 more inhabitants and has not been previously convicted of
4 a misdemeanor or felony, may be required by the
5 sentencing court to attend educational courses designed
6 to prepare the defendant for a high school diploma and to
7 work toward a high school diploma or to work toward
8 passing the high school level Test of General Educational
9 Development (GED) or to work toward completing a
10 vocational training program approved by the court. The
11 person on probation or conditional discharge must attend
12 a public institution of education to obtain the
13 educational or vocational training required by this
14 clause (7). The court shall revoke the probation or
15 conditional discharge of a person who wilfully fails to
16 comply with this clause (7). The person on probation or
17 conditional discharge shall be required to pay for the
18 cost of the educational courses or GED test, if a fee is
19 charged for those courses or test. The court shall
20 resentence the offender whose probation or conditional
21 discharge has been revoked as provided in Section 5-6-4.
22 This clause (7) does not apply to a person who has a high
23 school diploma or has successfully passed the GED test.
24 This clause (7) does not apply to a person who is
25 determined by the court to be developmentally disabled or
26 otherwise mentally incapable of completing the
27 educational or vocational program.
28 (b) The Court may in addition to other reasonable
29 conditions relating to the nature of the offense or the
30 rehabilitation of the defendant as determined for each
31 defendant in the proper discretion of the Court require that
32 the person:
33 (1) serve a term of periodic imprisonment under
34 Article 7 for a period not to exceed that specified in
-10- LRB9002763RCks
1 paragraph (d) of Section 5-7-1;
2 (2) pay a fine and costs;
3 (3) work or pursue a course of study or vocational
4 training;
5 (4) undergo medical, psychological or psychiatric
6 treatment; or treatment for drug addiction or alcoholism;
7 (5) attend or reside in a facility established for
8 the instruction or residence of defendants on probation;
9 (6) support his dependents;
10 (7) and in addition, if a minor:
11 (i) reside with his parents or in a foster
12 home;
13 (ii) attend school;
14 (iii) attend a non-residential program for
15 youth;
16 (iv) contribute to his own support at home or
17 in a foster home;
18 (8) make restitution as provided in Section 5-5-6
19 of this Code;
20 (9) perform some reasonable public or community
21 service;
22 (10) serve a term of home confinement. In addition
23 to any other applicable condition of probation or
24 conditional discharge, the conditions of home confinement
25 shall be that the offender:
26 (i) remain within the interior premises of the
27 place designated for his confinement during the
28 hours designated by the court;
29 (ii) admit any person or agent designated by
30 the court into the offender's place of confinement
31 at any time for purposes of verifying the offender's
32 compliance with the conditions of his confinement;
33 and
34 (iii) if further deemed necessary by the court
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1 or the Probation or Court Services Department, be
2 placed on an approved electronic monitoring device,
3 subject to Article 8A of Chapter V;
4 (iv) for persons convicted of any alcohol,
5 cannabis or controlled substance violation who are
6 placed on an approved monitoring device as a
7 condition of probation or conditional discharge, the
8 court shall impose a fee not to exceed $5 for each
9 day of the use of the device, unless after
10 determining the inability of the offender to pay the
11 fee, the court assesses a lesser fee or no fee as
12 the case may be. The fee shall be collected by the
13 clerk of the circuit court. The clerk of the
14 circuit court shall pay all monies collected from
15 this fee to the county treasurer for deposit in the
16 substance abuse services fund under Section 5-1086.1
17 of the Counties Code; and
18 (v) for persons convicted of offenses other
19 than those referenced in clause (iv) above and who
20 are placed on an approved monitoring device as a
21 condition of probation or conditional discharge, the
22 court shall impose a fee not to exceed $5 for each
23 day of the use of the device, unless after
24 determining the inability of the defendant to pay
25 the fee, the court assesses a lesser fee or no fee
26 as the case may be. The fee shall be imposed in
27 addition to the fee imposed under subsection (i) of
28 Section 5-6-3. The fee shall be collected by the
29 clerk of the circuit court. The clerk of the circuit
30 court shall pay all monies collected from this fee
31 to the county treasurer who shall use the monies
32 collected to defray the costs of corrections. The
33 county treasurer shall deposit the fee collected in
34 the county working cash fund under Section 6-27001
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1 of the Counties Code.
2 (11) comply with the terms and conditions of an
3 order of protection issued by the court pursuant to the
4 Illinois Domestic Violence Act of 1986, as now or
5 hereafter amended. A copy of the order of protection
6 shall be transmitted to the probation officer or agency
7 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
10 Act for any reasonable expenses incurred by the program
11 on the offender's case, not to exceed the maximum amount
12 of the fine authorized for the offense for which the
13 defendant was 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, to a
17 "local anti-crime program", as defined in Section 7 of
18 the Anti-Crime Advisory Council Act;
19 (14) refrain from entering into a designated
20 geographic area except upon such terms as the court finds
21 appropriate. Such terms may include consideration of the
22 purpose of the entry, the time of day, other persons
23 accompanying the defendant, and advance approval by a
24 probation officer, if the defendant has been placed on
25 probation or advance approval by the court, if the
26 defendant was placed on conditional discharge;
27 (15) refrain from having any contact, directly or
28 indirectly, with certain specified persons or particular
29 types of persons, including but not limited to members of
30 street gangs and drug users or dealers;
31 (16) refrain from having in his or her body the
32 presence of any illicit drug prohibited by the Cannabis
33 Control Act or the Illinois Controlled Substances Act,
34 unless prescribed by a physician, and submit samples of
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1 his or her blood or urine or both for tests to determine
2 the presence of any illicit drug.
3 (c) The court may as a condition of probation or of
4 conditional discharge require that a person under 18 years of
5 age found guilty of any alcohol, cannabis or controlled
6 substance violation, refrain from acquiring a driver's
7 license during the period of probation or conditional
8 discharge. If such person is in possession of a permit or
9 license, the court may require that the minor refrain from
10 driving or operating any motor vehicle during the period of
11 probation or conditional discharge, except as may be
12 necessary in the course of the minor's lawful employment.
13 (d) An offender sentenced to probation or to conditional
14 discharge shall be given a certificate setting forth the
15 conditions thereof.
16 (e) The court shall not require as a condition of the
17 sentence of probation or conditional discharge that the
18 offender be committed to a period of imprisonment in excess
19 of one year 6 months. This one year 6 month limit shall not
20 include periods of confinement given pursuant to a sentence
21 of county impact incarceration under Section 5-8-1.2.
22 Persons committed to imprisonment as a condition of
23 probation or conditional discharge shall not be committed to
24 the Department of Corrections.
25 (f) The court may combine a sentence of periodic
26 imprisonment under Article 7 or a sentence to a county impact
27 incarceration program under Article 8 with a sentence of
28 probation or conditional discharge.
29 (g) An offender sentenced to probation or to conditional
30 discharge and who during the term of either undergoes
31 mandatory drug or alcohol testing, or both, or is assigned to
32 be placed on an approved electronic monitoring device, may be
33 ordered to pay all costs incidental to such mandatory drug or
34 alcohol testing, or both, and all costs incidental to such
-14- LRB9002763RCks
1 approved electronic monitoring in accordance with the
2 defendant's ability to pay those costs. The county board
3 with the concurrence of the Chief Judge of the judicial
4 circuit in which the county is located may 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, involved in a successful probation
9 program for the county. The concurrence of the Chief Judge
10 shall be in the form of an administrative order.
11 (h) Jurisdiction over an offender may be transferred
12 from the sentencing court to the court of another circuit
13 with the concurrence of both courts. Further transfers or
14 retransfers of jurisdiction are also authorized in the same
15 manner. The court to which jurisdiction has been transferred
16 shall have the same powers as the sentencing court.
17 (i) The court shall impose upon an offender sentenced to
18 probation after January 1, 1989 or to conditional discharge
19 after January 1, 1992, as a condition of such probation or
20 conditional discharge, a fee of $25 for each month of
21 probation or conditional discharge supervision ordered by the
22 court, unless after determining the inability of the person
23 sentenced to probation or conditional discharge to pay the
24 fee, the court assesses a lesser fee. The court may not
25 impose the fee on a minor who is made a ward of the State
26 under the Juvenile Court Act of 1987 while the minor is in
27 placement. The fee shall be imposed only upon an offender who
28 is actively supervised by the probation and court services
29 department. The fee shall be collected by the clerk of the
30 circuit court. The clerk of the circuit court shall pay all
31 monies collected from this fee to the county treasurer for
32 deposit in the probation and court services fund under
33 Section 15.1 of the Probation and Probation Officers Act.
34 (j) All fines and costs imposed under this Section for
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1 any violation of Chapters 3, 4, 6, and 11 of the Illinois
2 Vehicle Code, or a similar provision of a local ordinance,
3 and any violation of the Child Passenger Protection Act, or a
4 similar provision of a local ordinance, shall be collected
5 and disbursed by the circuit clerk as provided under Section
6 27.5 of the Clerks of Courts Act.
7 (Source: P.A. 88-510; 88-680, eff. 1-1-95; 89-198, eff.
8 7-21-95; 89-587, eff. 7-31-96; 89-688, eff. 6-1-97; revised
9 1-20-97.)
10 Section 95. No acceleration or delay. Where this Act
11 makes changes in a statute that is represented in this Act by
12 text that is not yet or no longer in effect (for example, a
13 Section represented by multiple versions), the use of that
14 text does not accelerate or delay the taking effect of (i)
15 the changes made by this Act or (ii) provisions derived from
16 any other Public Act.