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90_SB0112
55 ILCS 5/5-1086.1 from Ch. 34, par. 5-1086.1
725 ILCS 5/110-10 from Ch. 38, par. 110-10
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
730 ILCS 5/5-7-1 from Ch. 38, par. 1005-7-1
Amends the Counties Code, the Code of Criminal Procedure
of 1963, and the Unified Code of Corrections. Requires an
offender who is placed on electronic monitoring for an
alcohol or drug offense to pay the costs incidental to any
mandatory drug or alcohol testing, or both, and the costs
incidental to electronic monitoring (now the court may order
the defendant to pay these costs). Provides that the fees
shall be collected by the clerk of the circuit court and
transmitted to the county treasurer who shall deposit the
fees in the county working cash fund and use them to defray
the costs of corrections.
LRB9000804RCks
LRB9000804RCks
1 AN ACT in relation to fees imposed for electronic
2 monitoring.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Counties Code is amended by changing
6 Section 5-1086.1 as follows:
7 (55 ILCS 5/5-1086.1) (from Ch. 34, par. 5-1086.1)
8 Sec. 5-1086.1. Substance Abuse Services Fund.
9 (a) In any county that has by county board action
10 established a program of pretrial bond home supervision by
11 use of an approved monitoring device, or a program using an
12 approved monitoring device as a condition of probation or
13 conditional discharge, the county treasurer shall establish a
14 substance abuse services fund. Fees collected under
15 paragraph (b)(14.1) subsection (c) of Section 110-10 of the
16 Code of Criminal Procedure of 1963 and paragraph (b)(10)(iv)
17 of Section 5-6-3 of the Unified Code of Corrections shall be
18 deposited into this fund. The county treasurer shall not
19 disburse the monies from the fund except at the direction of
20 the county board in each county.
21 (b) Monies in the substance abuse fund shall only be
22 appropriated by the county board to be used within the county
23 where collected for the establishment and maintenance of
24 facilities and programs for the medical care, treatment or
25 rehabilitation of all persons suffering from substance abuse
26 problems, including the hospitalization of pregnant women who
27 are addicted to alcohol, cannabis or controlled substances
28 and for needed care of their newborn children.
29 (c) Monies expended from the substance abuse services
30 fund shall be used to supplement, not supplant, county
31 appropriations for substance abuse services.
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1 (d) Interest earned on monies deposited in the substance
2 abuse services fund may be used by the county for its
3 ordinary and contingent expenditures.
4 (Source: P.A. 87-805.)
5 Section 10. The Code of Criminal Procedure of 1963 is
6 amended by changing Section 110-10 as follows:
7 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
8 Sec. 110-10. Conditions of bail bond.
9 (a) If a person is released prior to conviction, either
10 upon payment of bail security or on his or her own
11 recognizance, the conditions of the bail bond shall be that
12 he or she will:
13 (1) Appear to answer the charge in the court having
14 jurisdiction on a day certain and thereafter as ordered
15 by the court until discharged or final order of the
16 court;
17 (2) Submit himself or herself to the orders and
18 process of the court;
19 (3) Not depart this State without leave of the
20 court;
21 (4) Not violate any criminal statute of any
22 jurisdiction; and
23 (5) At a time and place designated by the court,
24 surrender all firearms in his or her possession to a law
25 enforcement officer designated by the court to take
26 custody of and impound the firearms when the offense the
27 person has been charged with is a forcible felony,
28 stalking, aggravated stalking, domestic battery, any
29 violation of either the Illinois Controlled Substances
30 Act or the Cannabis Control Act that is classified as a
31 Class 2 or greater felony, or any felony violation of
32 Article 24 of the Criminal Code of 1961. The court may,
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1 however, forego the imposition of this condition when the
2 circumstances of the case clearly do not warrant it or
3 when its imposition would be impractical. All legally
4 possessed firearms shall be returned to the person upon
5 that person completing a sentence for a conviction on a
6 misdemeanor domestic battery, upon the charges being
7 dismissed, or if the person is found not guilty, unless
8 the finding of not guilty is by reason of insanity.
9 (b) The court may impose other conditions, such as the
10 following, if the court finds that such conditions are
11 reasonably necessary to assure the defendant's appearance in
12 court, protect the public from the defendant, or prevent the
13 defendant's unlawful interference with the orderly
14 administration of justice:
15 (1) Report to or appear in person before such
16 person or agency as the court may direct;
17 (2) Refrain from possessing a firearm or other
18 dangerous weapon;
19 (3) Refrain from approaching or communicating with
20 particular persons or classes of persons;
21 (4) Refrain from going to certain described
22 geographical areas or premises;
23 (5) Refrain from engaging in certain activities or
24 indulging in intoxicating liquors or in certain drugs;
25 (6) Undergo treatment for drug addiction or
26 alcoholism;
27 (7) Undergo medical or psychiatric treatment;
28 (8) Work or pursue a course of study or vocational
29 training;
30 (9) Attend or reside in a facility designated by
31 the court;
32 (10) Support his or her dependents;
33 (11) If a minor resides with his or her parents or
34 in a foster home, attend school, attend a non-residential
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1 program for youths, and contribute to his or her own
2 support at home or in a foster home;
3 (12) Observe any curfew ordered by the court;
4 (13) Remain in the custody of such designated
5 person or organization agreeing to supervise his release.
6 Such third party custodian shall be responsible for
7 notifying the court if the defendant fails to observe the
8 conditions of release which the custodian has agreed to
9 monitor, and shall be subject to contempt of court for
10 failure so to notify the court;
11 (14) Be placed under direct supervision of the
12 Pretrial Services Agency, Probation Department or Court
13 Services Department in a pretrial bond home supervision
14 capacity with or without the use of an approved
15 electronic monitoring device subject to Article 8A of
16 Chapter V of the Unified Code of Corrections; or
17 (14.1) The court shall impose upon a defendant who
18 is charged with any alcohol, cannabis or controlled
19 substance violation and is placed under direct
20 supervision of the Pretrial Services Agency, Probation
21 Department or Court Services Department in a pretrial
22 bond home supervision capacity with the use of an
23 approved monitoring device, as a condition of such bail
24 bond, a fee not to exceed $5 for each day of such bail
25 supervision ordered by the court, unless after
26 determining the inability of the defendant to pay the
27 fee, the court assesses a lesser fee or no fee as the
28 case may be. The fee shall be collected by the clerk of
29 the circuit court. The clerk of the circuit court shall
30 pay all monies collected from this fee to the county
31 treasurer for deposit in the substance abuse services
32 fund under Section 5-1086.1 of the Counties Code;
33 (14.2) The court shall impose upon all defendants,
34 including other than those defendants subject to
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1 paragraph (14.1) above, placed under direct supervision
2 of the Pretrial Services Agency, Probation Department or
3 Court Services Department in a pretrial bond home
4 supervision capacity with the use of an approved
5 monitoring device, as a condition of such bail bond, a
6 fee which (beginning July 1, 1995) shall represent costs
7 incidental to such electronic monitoring for each day of
8 such bail supervision ordered by the court, unless after
9 determining the inability of the defendant to pay the
10 fee, the court assesses a lesser fee or no fee as the
11 case may be. The fee shall be collected by the clerk of
12 the circuit court. The clerk of the circuit court shall
13 pay all monies collected from this fee to the county
14 treasurer who shall use the monies collected to defray
15 the costs of corrections. The county treasurer shall
16 deposit the fee collected in the county working cash fund
17 under Section 6-27001 or Section 6-29002 of the Counties
18 Code, as the case may be;
19 (15) Comply with the terms and conditions of an
20 order of protection issued by the court under the
21 Illinois Domestic Violence Act of 1986;
22 (16) Under Section 110-6.5 comply with the
23 conditions of the drug testing program; and
24 (17) Such other reasonable conditions as the court
25 may impose.
26 (c) When a person is charged with an offense under
27 Section 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
28 "Criminal Code of 1961", involving a victim who is a minor
29 under 18 years of age living in the same household with the
30 defendant at the time of the offense, in granting bail or
31 releasing the defendant on his own recognizance, the judge
32 shall impose conditions to restrict the defendant's access to
33 the victim which may include, but are not limited to
34 conditions that he will:
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1 1. Vacate the Household.
2 2. Make payment of temporary support to his
3 dependents.
4 3. Refrain from contact or communication with the
5 child victim, except as ordered by the court.
6 (d) When a person is charged with a criminal offense and
7 the victim is a family or household member as defined in
8 Article 112A, conditions shall be imposed at the time of the
9 defendant's release on bond that restrict the defendant's
10 access to the victim. Unless provided otherwise by the court,
11 the restrictions shall include requirements that the
12 defendant do the following:
13 (1) refrain from contact or communication with the
14 victim for a minimum period of 72 hours following the
15 defendant's release; and
16 (2) refrain from entering or remaining at the
17 victim's residence for a minimum period of 72 hours
18 following the defendant's release.
19 (e) Local law enforcement agencies shall develop
20 standardized bond forms for use in cases involving family or
21 household members as defined in Article 112A, including
22 specific conditions of bond as provided in subsection (d).
23 Failure of any law enforcement department to develop or use
24 those forms shall in no way limit the applicability and
25 enforcement of subsections (d) and (f).
26 (f) If the defendant is admitted to bail after
27 conviction the conditions of the bail bond shall be that he
28 will, in addition to the conditions set forth in subsections
29 (a) and (b) hereof:
30 (1) Duly prosecute his appeal;
31 (2) Appear at such time and place as the court may
32 direct;
33 (3) Not depart this State without leave of the
34 court;
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1 (4) Comply with such other reasonable conditions as
2 the court may impose; and,
3 (5) If the judgment is affirmed or the cause
4 reversed and remanded for a new trial, forthwith
5 surrender to the officer from whose custody he was
6 bailed.
7 (Source: P.A. 88-677, eff. 12-15-94; 88-679, eff. 7-1-95;
8 88-680, eff. 1-1-95; 89-235, eff. 8-4-95; 89-428, eff.
9 12-13-95; 89-462, eff. 5-29-96.)
10 Section 15. The Unified Code of Corrections is amended
11 by changing Sections 5-6-3, 5-6-3.1, and 5-7-1 as follows:
12 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
13 Sec. 5-6-3. Conditions of Probation and of Conditional
14 Discharge.
15 (a) The conditions of probation and of conditional
16 discharge shall be that the person:
17 (1) not violate any criminal statute of any
18 jurisdiction;
19 (2) report to or appear in person before such
20 person or agency as directed by the court;
21 (3) refrain from possessing a firearm or other
22 dangerous weapon;
23 (4) not leave the State without the consent of the
24 court or, in circumstances in which the reason for the
25 absence is of such an emergency nature that prior consent
26 by the court is not possible, without the prior
27 notification and approval of the person's probation
28 officer;
29 (5) permit the probation officer to visit him at
30 his home or elsewhere to the extent necessary to
31 discharge his duties; and
32 (6) perform no less than 30 hours of community
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1 service and not more than 120 hours of community service,
2 if community service is available in the jurisdiction and
3 is funded and approved by the county board where the
4 offense was committed, where the offense was related to
5 or in furtherance of the criminal activities of an
6 organized gang and was motivated by the offender's
7 membership in or allegiance to an organized gang. The
8 community service shall include, but not be limited to,
9 the cleanup and repair of any damage caused by a
10 violation of Section 21-1.3 of the Criminal Code of 1961
11 and similar damage to property located within the
12 municipality or county in which the violation occurred.
13 When possible and reasonable, the community service
14 should be performed in the offender's neighborhood. For
15 purposes of this Section, "organized gang" has the
16 meaning ascribed to it in Section 10 of the Illinois
17 Streetgang Terrorism Omnibus Prevention Act.
18 (b) The Court may in addition to other reasonable
19 conditions relating to the nature of the offense or the
20 rehabilitation of the defendant as determined for each
21 defendant in the proper discretion of the Court require that
22 the person:
23 (1) serve a term of periodic imprisonment under
24 Article 7 for a period not to exceed that specified in
25 paragraph (d) of Section 5-7-1;
26 (2) pay a fine and costs;
27 (3) work or pursue a course of study or vocational
28 training;
29 (4) undergo medical, psychological or psychiatric
30 treatment; or treatment for drug addiction or alcoholism;
31 (5) attend or reside in a facility established for
32 the instruction or residence of defendants on probation;
33 (6) support his dependents;
34 (7) and in addition, if a minor:
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1 (i) reside with his parents or in a foster
2 home;
3 (ii) attend school;
4 (iii) attend a non-residential program for
5 youth;
6 (iv) contribute to his own support at home or
7 in a foster home;
8 (8) make restitution as provided in Section 5-5-6
9 of this Code;
10 (9) perform some reasonable public or community
11 service;
12 (10) serve a term of home confinement. In addition
13 to any other applicable condition of probation or
14 conditional discharge, the conditions of home confinement
15 shall be that the offender:
16 (i) remain within the interior premises of the
17 place designated for his confinement during the
18 hours designated by the court;
19 (ii) admit any person or agent designated by
20 the court into the offender's place of confinement
21 at any time for purposes of verifying the offender's
22 compliance with the conditions of his confinement;
23 and
24 (iii) if further deemed necessary by the court
25 or the Probation or Court Services Department, be
26 placed on an approved electronic monitoring device,
27 subject to Article 8A of Chapter V;
28 (iv) for persons convicted of any alcohol,
29 cannabis or controlled substance violation who are
30 placed on an approved monitoring device as a
31 condition of probation or conditional discharge, the
32 court shall impose a fee not to exceed $5 for each
33 day of the use of the device, unless after
34 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
2 the case may be. This fee shall be imposed in
3 addition to the fees imposed under subsections (g)
4 and (i) of this Section. The fee shall be collected
5 by the clerk of the circuit court. The clerk of the
6 circuit court shall pay all monies collected from
7 this fee to the county treasurer for deposit in the
8 substance abuse services fund under Section 5-1086.1
9 of the Counties Code; and
10 (v) for persons convicted of offenses other
11 than those referenced in clause (iv) above and who
12 are placed on an approved monitoring device as a
13 condition of probation or conditional discharge, the
14 court shall impose a fee not to exceed $5 for each
15 day of the use of the device, unless after
16 determining the inability of the defendant to pay
17 the fee, the court assesses a lesser fee or no fee
18 as the case may be. This The fee shall be imposed
19 in addition to the fees fee imposed under
20 subsections (g) and subsection (i) of Section 5-6-3.
21 The fee shall be collected by the clerk of the
22 circuit court. The clerk of the circuit court shall
23 pay all monies collected from this fee to the county
24 treasurer who shall use the monies collected to
25 defray the costs of corrections. The county
26 treasurer shall deposit the fee collected in the
27 county working cash fund under Section 6-27001 or
28 Section 6-29002 of the Counties Code, as the case
29 may be.
30 (11) comply with the terms and conditions of an
31 order of protection issued by the court pursuant to the
32 Illinois Domestic Violence Act of 1986, as now or
33 hereafter amended. A copy of the order of protection
34 shall be transmitted to the probation officer or agency
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1 having responsibility for the case;
2 (12) reimburse any "local anti-crime program" as
3 defined in Section 7 of the Anti-Crime Advisory Council
4 Act for any reasonable expenses incurred by the program
5 on the offender's case, not to exceed the maximum amount
6 of the fine authorized for the offense for which the
7 defendant was sentenced;
8 (13) contribute a reasonable sum of money, not to
9 exceed the maximum amount of the fine authorized for the
10 offense for which the defendant was sentenced, to a
11 "local anti-crime program", as defined in Section 7 of
12 the Anti-Crime Advisory Council Act;
13 (14) refrain from entering into a designated
14 geographic area except upon such terms as the court finds
15 appropriate. Such terms may include consideration of the
16 purpose of the entry, the time of day, other persons
17 accompanying the defendant, and advance approval by a
18 probation officer, if the defendant has been placed on
19 probation or advance approval by the court, if the
20 defendant was placed on conditional discharge;
21 (15) refrain from having any contact, directly or
22 indirectly, with certain specified persons or particular
23 types of persons, including but not limited to members of
24 street gangs and drug users or dealers;
25 (16) refrain from having in his or her body the
26 presence of any illicit drug prohibited by the Cannabis
27 Control Act or the Illinois Controlled Substances Act,
28 unless prescribed by a physician, and submit samples of
29 his or her blood or urine or both for tests to determine
30 the presence of any illicit drug.
31 (c) The court may as a condition of probation or of
32 conditional discharge require that a person under 18 years of
33 age found guilty of any alcohol, cannabis or controlled
34 substance violation, refrain from acquiring a driver's
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1 license during the period of probation or conditional
2 discharge. If such person is in possession of a permit or
3 license, the court may require that the minor refrain from
4 driving or operating any motor vehicle during the period of
5 probation or conditional discharge, except as may be
6 necessary in the course of the minor's lawful employment.
7 (d) An offender sentenced to probation or to conditional
8 discharge shall be given a certificate setting forth the
9 conditions thereof.
10 (e) The court shall not require as a condition of the
11 sentence of probation or conditional discharge that the
12 offender be committed to a period of imprisonment in excess
13 of 6 months. This 6 month limit shall not include periods of
14 confinement given pursuant to a sentence of county impact
15 incarceration under Section 5-8-1.2.
16 Persons committed to imprisonment as a condition of
17 probation or conditional discharge shall not be committed to
18 the Department of Corrections.
19 (f) The court may combine a sentence of periodic
20 imprisonment under Article 7 or a sentence to a county impact
21 incarceration program under Article 8 with a sentence of
22 probation or conditional discharge.
23 (g) An offender sentenced to probation or to conditional
24 discharge and who during the term of either undergoes
25 mandatory drug or alcohol testing, or both, or is assigned to
26 be placed on an approved electronic monitoring device, shall
27 may be ordered to pay all costs incidental to such mandatory
28 drug or alcohol testing, or both, and all costs incidental to
29 such approved electronic monitoring in accordance with the
30 defendant's ability to pay those costs. The county board
31 with the concurrence of the Chief Judge of the judicial
32 circuit in which the county is located shall may establish
33 reasonable fees for the cost of maintenance, testing, and
34 incidental expenses related to the mandatory drug or alcohol
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1 testing, or both, and all costs incidental to approved
2 electronic monitoring, involved in a successful probation
3 program for the county. The concurrence of the Chief Judge
4 shall be in the form of an administrative order. The fees
5 shall be collected by the clerk of the circuit court. The
6 clerk of the circuit court shall pay all moneys collected
7 from these fees to the county treasurer who shall use the
8 moneys collected to defray the costs of corrections. The
9 county treasurer shall deposit the fees collected in the
10 county working cash fund under Section 6-27001 or Section
11 6-29002 of the Counties Code, as the case may be.
12 (h) Jurisdiction over an offender may be transferred
13 from the sentencing court to the court of another circuit
14 with the concurrence of both courts. Further transfers or
15 retransfers of jurisdiction are also authorized in the same
16 manner. The court to which jurisdiction has been transferred
17 shall have the same powers as the sentencing court.
18 (i) The court shall impose upon an offender sentenced to
19 probation after January 1, 1989 or to conditional discharge
20 after January 1, 1992, as a condition of such probation or
21 conditional discharge, a fee of $25 for each month of
22 probation or conditional discharge supervision ordered by the
23 court, unless after determining the inability of the person
24 sentenced to probation or conditional discharge to pay the
25 fee, the court assesses a lesser fee. The court may not
26 impose the fee on a minor who is made a ward of the State
27 under the Juvenile Court Act of 1987 while the minor is in
28 placement. The fee shall be imposed only upon an offender who
29 is actively supervised by the probation and court services
30 department. The fee shall be collected by the clerk of the
31 circuit court. The clerk of the circuit court shall pay all
32 monies collected from this fee to the county treasurer for
33 deposit in the probation and court services fund under
34 Section 15.1 of the Probation and Probation Officers Act.
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1 (j) All fines and costs imposed under this Section for
2 any violation of Chapters 3, 4, 6, and 11 of the Illinois
3 Vehicle Code, or a similar provision of a local ordinance,
4 and any violation of the Child Passenger Protection Act, or a
5 similar provision of a local ordinance, shall be collected
6 and disbursed by the circuit clerk as provided under Section
7 27.5 of the Clerks of Courts Act.
8 (Source: P.A. 88-510; 88-680, eff. 1-1-95; 89-198, eff.
9 7-21-95; 89-587, eff. 7-31-96.)
10 (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
11 Sec. 5-6-3.1. Incidents and Conditions of Supervision.
12 (a) When a defendant is placed on supervision, the court
13 shall enter an order for supervision specifying the period of
14 such supervision, and shall defer further proceedings in the
15 case until the conclusion of the period.
16 (b) The period of supervision shall be reasonable under
17 all of the circumstances of the case, but may not be longer
18 than 2 years, unless the defendant has failed to pay the
19 assessment required by Section 10.3 of the Cannabis Control
20 Act or Section 411.2 of the Illinois Controlled Substances
21 Act, in which case the court may extend supervision beyond 2
22 years. Additionally, the court shall order the defendant to
23 perform no less than 30 hours of community service and not
24 more than 120 hours of community service, if community
25 service is available in the jurisdiction and is funded and
26 approved by the county board where the offense was committed,
27 when the offense (1) was related to or in furtherance of the
28 criminal activities of an organized gang or was motivated by
29 the defendant's membership in or allegiance to an organized
30 gang; or (2) is a violation of any Section of Article 24 of
31 the Criminal Code of 1961 where a disposition of supervision
32 is not prohibited by Section 5-6-1 of this Code. The
33 community service shall include, but not be limited to, the
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1 cleanup and repair of any damage caused by violation of
2 Section 21-1.3 of the Criminal Code of 1961 and similar
3 damages to property located within the municipality or county
4 in which the violation occurred. Where possible and
5 reasonable, the community service should be performed in the
6 offender's neighborhood.
7 For the purposes of this Section, "organized gang" has
8 the meaning ascribed to it in Section 10 of the Illinois
9 Streetgang Terrorism Omnibus Prevention Act.
10 (c) The court may in addition to other reasonable
11 conditions relating to the nature of the offense or the
12 rehabilitation of the defendant as determined for each
13 defendant in the proper discretion of the court require that
14 the person:
15 (1) make a report to and appear in person before or
16 participate with the court or such courts, person, or
17 social service agency as directed by the court in the
18 order of supervision;
19 (2) pay a fine and costs;
20 (3) work or pursue a course of study or vocational
21 training;
22 (4) undergo medical, psychological or psychiatric
23 treatment; or treatment for drug addiction or alcoholism;
24 (5) attend or reside in a facility established for
25 the instruction or residence of defendants on probation;
26 (6) support his dependents;
27 (7) refrain from possessing a firearm or other
28 dangerous weapon;
29 (8) and in addition, if a minor:
30 (i) reside with his parents or in a foster
31 home;
32 (ii) attend school;
33 (iii) attend a non-residential program for
34 youth;
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1 (iv) contribute to his own support at home or
2 in a foster home; and
3 (9) make restitution or reparation in an amount not
4 to exceed actual loss or damage to property and pecuniary
5 loss or make restitution under Section 5-5-6 to a
6 domestic violence shelter. The court shall determine the
7 amount and conditions of payment;
8 (10) perform some reasonable public or community
9 service;
10 (11) comply with the terms and conditions of an
11 order of protection issued by the court pursuant to the
12 Illinois Domestic Violence Act of 1986. If the court has
13 ordered the defendant to make a report and appear in
14 person under paragraph (1) of this subsection, a copy of
15 the order of protection shall be transmitted to the
16 person or agency so designated by the court;
17 (12) reimburse any "local anti-crime program" as
18 defined in Section 7 of the Anti-Crime Advisory Council
19 Act for any reasonable expenses incurred by the program
20 on the offender's case, not to exceed the maximum amount
21 of the fine authorized for the offense for which the
22 defendant was sentenced;
23 (13) contribute a reasonable sum of money, not to
24 exceed the maximum amount of the fine authorized for the
25 offense for which the defendant was sentenced, to a
26 "local anti-crime program", as defined in Section 7 of
27 the Anti-Crime Advisory Council Act;
28 (14) refrain from entering into a designated
29 geographic area except upon such terms as the court finds
30 appropriate. Such terms may include consideration of the
31 purpose of the entry, the time of day, other persons
32 accompanying the defendant, and advance approval by a
33 probation officer;
34 (15) refrain from having any contact, directly or
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1 indirectly, with certain specified persons or particular
2 types of person, including but not limited to members of
3 street gangs and drug users or dealers;
4 (16) refrain from having in his or her body the
5 presence of any illicit drug prohibited by the Cannabis
6 Control Act or the Illinois Controlled Substances Act,
7 unless prescribed by a physician, and submit samples of
8 his or her blood or urine or both for tests to determine
9 the presence of any illicit drug.
10 (d) The court shall defer entering any judgment on the
11 charges until the conclusion of the supervision.
12 (e) At the conclusion of the period of supervision, if
13 the court determines that the defendant has successfully
14 complied with all of the conditions of supervision, the court
15 shall discharge the defendant and enter a judgment dismissing
16 the charges.
17 (f) Discharge and dismissal upon a successful conclusion
18 of a disposition of supervision shall be deemed without
19 adjudication of guilt and shall not be termed a conviction
20 for purposes of disqualification or disabilities imposed by
21 law upon conviction of a crime. Two years after the
22 discharge and dismissal under this Section, unless the
23 disposition of supervision was for a violation of Sections
24 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
25 Vehicle Code or a similar provision of a local ordinance, or
26 for a violation of Sections 12-3.2 or 16A-3 of the Criminal
27 Code of 1961, in which case it shall be 5 years after
28 discharge and dismissal, a person may have his record of
29 arrest sealed or expunged as may be provided by law.
30 However, any defendant placed on supervision before January
31 1, 1980, may move for sealing or expungement of his arrest
32 record, as provided by law, at any time after discharge and
33 dismissal under this Section. A person placed on supervision
34 for a sexual offense committed against a minor as defined in
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1 subsection (g) of Section 5 of the Criminal Identification
2 Act or for a violation of Section 11-501 of the Illinois
3 Vehicle Code or a similar provision of a local ordinance
4 shall not have his or her record of arrest sealed or
5 expunged.
6 (g) A defendant placed on supervision and who during the
7 period of supervision undergoes mandatory drug or alcohol
8 testing, or both, or is assigned to be placed on an approved
9 electronic monitoring device, shall may be ordered to pay the
10 costs incidental to such mandatory drug or alcohol testing,
11 or both, and costs incidental to such approved electronic
12 monitoring in accordance with the defendant's ability to pay
13 those costs. The county board with the concurrence of the
14 Chief Judge of the judicial circuit in which the county is
15 located shall may establish reasonable fees for the cost of
16 maintenance, testing, and incidental expenses related to the
17 mandatory drug or alcohol testing, or both, and all costs
18 incidental to approved electronic monitoring, of all
19 defendants offenders placed on supervision. The concurrence
20 of the Chief Judge shall be in the form of an administrative
21 order. The fees shall be collected by the clerk of the
22 circuit court. The clerk of the circuit court shall pay all
23 moneys collected from these fees to the county treasurer who
24 shall use the moneys collected to defray the costs of
25 corrections. The county treasurer shall deposit the fees
26 collected in the county working cash fund under Section
27 6-27001 or Section 6-29002 of the Counties Code, as the case
28 may be.
29 (h) A disposition of supervision is a final order for
30 the purposes of appeal.
31 (i) The court shall impose upon a defendant placed on
32 supervision after January 1, 1992, as a condition of
33 supervision, a fee of $25 for each month of supervision
34 ordered by the court, unless after determining the inability
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1 of the person placed on supervision to pay the fee, the court
2 assesses a lesser fee. The court may not impose the fee on a
3 minor who is made a ward of the State under the Juvenile
4 Court Act of 1987 while the minor is in placement. The fee
5 shall be imposed only upon a defendant who is actively
6 supervised by the probation and court services department.
7 The fee shall be collected by the clerk of the circuit court.
8 The clerk of the circuit court shall pay all monies collected
9 from this fee to the county treasurer for deposit in the
10 probation and court services fund pursuant to Section 15.1 of
11 the Probation and Probation Officers Act.
12 (j) All fines and costs imposed under this Section for
13 any violation of Chapters 3, 4, 6, and 11 of the Illinois
14 Vehicle Code, or a similar provision of a local ordinance,
15 and any violation of the Child Passenger Protection Act, or a
16 similar provision of a local ordinance, shall be collected
17 and disbursed by the circuit clerk as provided under Section
18 27.5 of the Clerks of Courts Act.
19 (Source: P.A. 88-77; 88-510; 88-670, eff. 12-2-94; 88-680,
20 eff. 1-1-95; 89-198, eff. 7-21-95; 89-203, eff. 7-21-95;
21 89-626, eff. 8-9-96; 89-637, eff. 1-1-97.)
22 (730 ILCS 5/5-7-1) (from Ch. 38, par. 1005-7-1)
23 Sec. 5-7-1. Sentence of Periodic Imprisonment.
24 (a) A sentence of periodic imprisonment is a sentence of
25 imprisonment during which the committed person may be
26 released for periods of time during the day or night or for
27 periods of days, or both, or if convicted of a felony, other
28 than first degree murder, a Class X or Class 1 felony,
29 committed to any county, municipal, or regional correctional
30 or detention institution or facility in this State for such
31 periods of time as the court may direct. Unless the court
32 orders otherwise, the particular times and conditions of
33 release shall be determined by the Department of Corrections,
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1 the sheriff, or the Superintendent of the house of
2 corrections, who is administering the program.
3 (b) A sentence of periodic imprisonment may be imposed
4 to permit the defendant to:
5 (1) seek employment;
6 (2) work;
7 (3) conduct a business or other self-employed
8 occupation including housekeeping;
9 (4) attend to family needs;
10 (5) attend an educational institution, including
11 vocational education;
12 (6) obtain medical or psychological treatment;
13 (7) perform work duties at a county, municipal, or
14 regional correctional or detention institution or
15 facility;
16 (8) continue to reside at home with or without
17 supervision involving the use of an approved electronic
18 monitoring device, subject to Article 8A of Chapter V; or
19 (9) for any other purpose determined by the court.
20 (c) Except where prohibited by other provisions of this
21 Code, the court may impose a sentence of periodic
22 imprisonment for a felony or misdemeanor on a person who is
23 17 years of age or older. The court shall not impose a
24 sentence of periodic imprisonment if it imposes a sentence of
25 imprisonment upon the defendant in excess of 90 days.
26 (d) A sentence of periodic imprisonment shall be for a
27 definite term of from 3 to 4 years for a Class 1 felony, 18
28 to 30 months for a Class 2 felony, and up to 18 months, or
29 the longest sentence of imprisonment that could be imposed
30 for the offense, whichever is less, for all other offenses;
31 however, no person shall be sentenced to a term of periodic
32 imprisonment longer than one year if he is committed to a
33 county correctional institution or facility, and in
34 conjunction with that sentence participate in a county work
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1 release program comparable to the work and day release
2 program provided for in Article 13 of the Unified Code of
3 Corrections in State facilities. The term of the sentence
4 shall be calculated upon the basis of the duration of its
5 term rather than upon the basis of the actual days spent in
6 confinement. No sentence of periodic imprisonment shall be
7 subject to the good time credit provisions of Section 3-6-3
8 of this Code.
9 (e) When the court imposes a sentence of periodic
10 imprisonment, it shall state:
11 (1) the term of such sentence;
12 (2) the days or parts of days which the defendant
13 is to be confined;
14 (3) the conditions.
15 (f) The court may issue an order of protection pursuant
16 to the Illinois Domestic Violence Act of 1986 as a condition
17 of a sentence of periodic imprisonment. The Illinois Domestic
18 Violence Act of 1986 shall govern the issuance, enforcement
19 and recording of orders of protection issued under this
20 Section. A copy of the order of protection shall be
21 transmitted to the person or agency having responsibility for
22 the case.
23 (g) An offender sentenced to periodic imprisonment, and
24 who during the term of either undergoes mandatory drug or
25 alcohol testing, or both, or is assigned to be placed on an
26 approved electronic monitoring device, shall may be ordered
27 to pay the costs incidental to such mandatory drug or alcohol
28 testing, or both, and costs incidental to such approved
29 electronic monitoring in accordance with the defendant's
30 ability to pay those costs. The county board with the
31 concurrence of the Chief Judge of the judicial circuit in
32 which the county is located shall may establish reasonable
33 fees for the cost of maintenance, testing, and incidental
34 expenses related to the mandatory drug or alcohol testing, or
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1 both, and all costs incidental to approved electronic
2 monitoring, of all offenders with a sentence of periodic
3 imprisonment. The concurrence of the Chief Judge shall be in
4 the form of an administrative order. The fees shall be
5 collected by the clerk of the circuit court. The clerk of
6 the circuit court shall pay all moneys collected from these
7 fees to the county treasurer who shall use the moneys
8 collected to defray the costs of corrections. The county
9 treasurer shall deposit the fees collected in the county
10 working cash fund under Section 6-27001 or Section 6-29002 of
11 the Counties Code, as the case may be.
12 (h) All fees and costs imposed under this Section for
13 any violation of Chapters 3, 4, 6, and 11 of the Illinois
14 Vehicle Code, or a similar provision of a local ordinance,
15 and any violation of the Child Passenger Protection Act, or a
16 similar provision of a local ordinance, shall be collected
17 and disbursed by the circuit clerk as provided under Section
18 27.5 of the Clerks of Courts Act.
19 (Source: P.A. 86-328; 86-1281; 86-1320; 86-1475; 87-670.)