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90_SB0112enr
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
SB112 Enrolled LRB9000804RCks
1 AN ACT in relation to fees imposed for electronic
2 monitoring, drug testing, and alcohol testing.
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, 5-7-1, and 5-8A-5 as
12 follows:
13 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
14 Sec. 5-6-3. Conditions of Probation and of Conditional
15 Discharge.
16 (a) The conditions of probation and of conditional
17 discharge shall be that the person:
18 (1) not violate any criminal statute of any
19 jurisdiction;
20 (2) report to or appear in person before such
21 person or agency as directed by the court;
22 (3) refrain from possessing a firearm or other
23 dangerous weapon;
24 (4) not leave the State without the consent of the
25 court or, in circumstances in which the reason for the
26 absence is of such an emergency nature that prior consent
27 by the court is not possible, without the prior
28 notification and approval of the person's probation
29 officer;
30 (5) permit the probation officer to visit him at
31 his home or elsewhere to the extent necessary to
32 discharge his duties; and
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1 (6) perform no less than 30 hours of community
2 service and not more than 120 hours of community service,
3 if community service is available in the jurisdiction and
4 is funded and approved by the county board where the
5 offense was committed, where the offense was related to
6 or in furtherance of the criminal activities of an
7 organized gang and was motivated by the offender's
8 membership in or allegiance to an organized gang. The
9 community service shall include, but not be limited to,
10 the cleanup and repair of any damage caused by a
11 violation of Section 21-1.3 of the Criminal Code of 1961
12 and similar damage to property located within the
13 municipality or county in which the violation occurred.
14 When possible and reasonable, the community service
15 should be performed in the offender's neighborhood. For
16 purposes of this Section, "organized gang" has the
17 meaning ascribed to it in Section 10 of the Illinois
18 Streetgang Terrorism Omnibus Prevention Act.
19 (b) The Court may in addition to other reasonable
20 conditions relating to the nature of the offense or the
21 rehabilitation of the defendant as determined for each
22 defendant in the proper discretion of the Court require that
23 the person:
24 (1) serve a term of periodic imprisonment under
25 Article 7 for a period not to exceed that specified in
26 paragraph (d) of Section 5-7-1;
27 (2) pay a fine and costs;
28 (3) work or pursue a course of study or vocational
29 training;
30 (4) undergo medical, psychological or psychiatric
31 treatment; or treatment for drug addiction or alcoholism;
32 (5) attend or reside in a facility established for
33 the instruction or residence of defendants on probation;
34 (6) support his dependents;
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1 (7) and in addition, if a minor:
2 (i) reside with his parents or in a foster
3 home;
4 (ii) attend school;
5 (iii) attend a non-residential program for
6 youth;
7 (iv) contribute to his own support at home or
8 in a foster home;
9 (8) make restitution as provided in Section 5-5-6
10 of this Code;
11 (9) perform some reasonable public or community
12 service;
13 (10) serve a term of home confinement. In addition
14 to any other applicable condition of probation or
15 conditional discharge, the conditions of home confinement
16 shall be that the offender:
17 (i) remain within the interior premises of the
18 place designated for his confinement during the
19 hours designated by the court;
20 (ii) admit any person or agent designated by
21 the court into the offender's place of confinement
22 at any time for purposes of verifying the offender's
23 compliance with the conditions of his confinement;
24 and
25 (iii) if further deemed necessary by the court
26 or the Probation or Court Services Department, be
27 placed on an approved electronic monitoring device,
28 subject to Article 8A of Chapter V;
29 (iv) for persons convicted of any alcohol,
30 cannabis or controlled substance violation who are
31 placed on an approved monitoring device as a
32 condition of probation or conditional discharge, the
33 court shall impose a reasonable fee not to exceed $5
34 for each day of the use of the device, as
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1 established by the county board in subsection (g) of
2 this Section, unless after determining the inability
3 of the offender to pay the fee, the court assesses a
4 lesser fee or no fee as the case may be. This fee
5 shall be imposed in addition to the fees imposed
6 under subsections (g) and (i) of this Section. The
7 fee shall be collected by the clerk of the circuit
8 court. The clerk of the circuit court shall pay all
9 monies collected from this fee to the county
10 treasurer for deposit in the substance abuse
11 services fund under Section 5-1086.1 of the Counties
12 Code; and
13 (v) for persons convicted of offenses other
14 than those referenced in clause (iv) above and who
15 are placed on an approved monitoring device as a
16 condition of probation or conditional discharge, the
17 court shall impose a reasonable fee not to exceed $5
18 for each day of the use of the device, as
19 established by the county board in subsection (g) of
20 this Section, unless after determining the inability
21 of the defendant to pay the fee, the court assesses
22 a lesser fee or no fee as the case may be. This The
23 fee shall be imposed in addition to the fees fee
24 imposed under subsections (g) and subsection (i) of
25 Section 5-6-3. The fee shall be collected by the
26 clerk of the circuit court. The clerk of the circuit
27 court shall pay all monies collected from this fee
28 to the county treasurer who shall use the monies
29 collected to defray the costs of corrections. The
30 county treasurer shall deposit the fee collected in
31 the county working cash fund under Section 6-27001
32 or Section 6-29002 of the Counties Code, as the case
33 may be.
34 (11) comply with the terms and conditions of an
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1 order of protection issued by the court pursuant to the
2 Illinois Domestic Violence Act of 1986, as now or
3 hereafter amended. A copy of the order of protection
4 shall be transmitted to the probation officer or agency
5 having responsibility for the case;
6 (12) reimburse any "local anti-crime program" as
7 defined in Section 7 of the Anti-Crime Advisory Council
8 Act for any reasonable expenses incurred by the program
9 on the offender's case, not to exceed the maximum amount
10 of the fine authorized for the offense for which the
11 defendant was 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, to a
15 "local anti-crime program", as defined in Section 7 of
16 the Anti-Crime Advisory Council Act;
17 (14) refrain from entering into a designated
18 geographic area except upon such terms as the court finds
19 appropriate. Such terms may include consideration of the
20 purpose of the entry, the time of day, other persons
21 accompanying the defendant, and advance approval by a
22 probation officer, if the defendant has been placed on
23 probation or advance approval by the court, if the
24 defendant was placed on conditional discharge;
25 (15) refrain from having any contact, directly or
26 indirectly, with certain specified persons or particular
27 types of persons, including but not limited to members of
28 street gangs and drug users or dealers;
29 (16) refrain from having in his or her body the
30 presence of any illicit drug prohibited by the Cannabis
31 Control Act or the Illinois Controlled Substances Act,
32 unless prescribed by a physician, and submit samples of
33 his or her blood or urine or both for tests to determine
34 the presence of any illicit drug.
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1 (c) The court may as a condition of probation or of
2 conditional discharge require that a person under 18 years of
3 age found guilty of any alcohol, cannabis or controlled
4 substance violation, refrain from acquiring a driver's
5 license during the period of probation or conditional
6 discharge. If such person is in possession of a permit or
7 license, the court may require that the minor refrain from
8 driving or operating any motor vehicle during the period of
9 probation or conditional discharge, except as may be
10 necessary in the course of the minor's lawful employment.
11 (d) An offender sentenced to probation or to conditional
12 discharge shall be given a certificate setting forth the
13 conditions thereof.
14 (e) The court shall not require as a condition of the
15 sentence of probation or conditional discharge that the
16 offender be committed to a period of imprisonment in excess
17 of 6 months. This 6 month limit shall not include periods of
18 confinement given pursuant to a sentence of county impact
19 incarceration under Section 5-8-1.2.
20 Persons committed to imprisonment as a condition of
21 probation or conditional discharge shall not be committed to
22 the Department of Corrections.
23 (f) The court may combine a sentence of periodic
24 imprisonment under Article 7 or a sentence to a county impact
25 incarceration program under Article 8 with a sentence of
26 probation or conditional discharge.
27 (g) An offender sentenced to probation or to conditional
28 discharge and who during the term of either undergoes
29 mandatory drug or alcohol testing, or both, or is assigned to
30 be placed on an approved electronic monitoring device, shall
31 may be ordered to pay all costs incidental to such mandatory
32 drug or alcohol testing, or both, and all costs incidental to
33 such approved electronic monitoring in accordance with the
34 defendant's ability to pay those costs. The county board
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1 with the concurrence of the Chief Judge of the judicial
2 circuit in which the county is located shall may establish
3 reasonable fees for the cost of maintenance, testing, and
4 incidental expenses related to the mandatory drug or alcohol
5 testing, or both, and all costs incidental to approved
6 electronic monitoring, involved in a successful probation
7 program for the county. The concurrence of the Chief Judge
8 shall be in the form of an administrative order. The fees
9 shall be collected by the clerk of the circuit court. The
10 clerk of the circuit court shall pay all moneys collected
11 from these fees to the county treasurer who shall use the
12 moneys collected to defray the costs of drug testing, alcohol
13 testing, and electronic monitoring. The county treasurer
14 shall deposit the fees collected in the county working cash
15 fund under Section 6-27001 or Section 6-29002 of the Counties
16 Code, as the case may be.
17 (h) Jurisdiction over an offender may be transferred
18 from the sentencing court to the court of another circuit
19 with the concurrence of both courts. Further transfers or
20 retransfers of jurisdiction are also authorized in the same
21 manner. The court to which jurisdiction has been transferred
22 shall have the same powers as the sentencing court.
23 (i) The court shall impose upon an offender sentenced to
24 probation after January 1, 1989 or to conditional discharge
25 after January 1, 1992, as a condition of such probation or
26 conditional discharge, a fee of $25 for each month of
27 probation or conditional discharge supervision ordered by the
28 court, unless after determining the inability of the person
29 sentenced to probation or conditional discharge to pay the
30 fee, the court assesses a lesser fee. The court may not
31 impose the fee on a minor who is made a ward of the State
32 under the Juvenile Court Act of 1987 while the minor is in
33 placement. The fee shall be imposed only upon an offender who
34 is actively supervised by the probation and court services
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1 department. The fee shall be collected by the clerk of the
2 circuit court. The clerk of the circuit court shall pay all
3 monies collected from this fee to the county treasurer for
4 deposit in the probation and court services fund under
5 Section 15.1 of the Probation and Probation Officers Act.
6 (j) All fines and costs imposed under this Section for
7 any violation of Chapters 3, 4, 6, and 11 of the Illinois
8 Vehicle Code, or a similar provision of a local ordinance,
9 and any violation of the Child Passenger Protection Act, or a
10 similar provision of a local ordinance, shall be collected
11 and disbursed by the circuit clerk as provided under Section
12 27.5 of the Clerks of Courts Act.
13 (Source: P.A. 88-510; 88-680, eff. 1-1-95; 89-198, eff.
14 7-21-95; 89-587, eff. 7-31-96.)
15 (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
16 Sec. 5-6-3.1. Incidents and Conditions of Supervision.
17 (a) When a defendant is placed on supervision, the court
18 shall enter an order for supervision specifying the period of
19 such supervision, and shall defer further proceedings in the
20 case until the conclusion of the period.
21 (b) The period of supervision shall be reasonable under
22 all of the circumstances of the case, but may not be longer
23 than 2 years, unless the defendant has failed to pay the
24 assessment required by Section 10.3 of the Cannabis Control
25 Act or Section 411.2 of the Illinois Controlled Substances
26 Act, in which case the court may extend supervision beyond 2
27 years. Additionally, the court shall order the defendant to
28 perform no less than 30 hours of community service and not
29 more than 120 hours of community service, if community
30 service is available in the jurisdiction and is funded and
31 approved by the county board where the offense was committed,
32 when the offense (1) was related to or in furtherance of the
33 criminal activities of an organized gang or was motivated by
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1 the defendant's membership in or allegiance to an organized
2 gang; or (2) is a violation of any Section of Article 24 of
3 the Criminal Code of 1961 where a disposition of supervision
4 is not prohibited by Section 5-6-1 of this Code. The
5 community service shall include, but not be limited to, the
6 cleanup and repair of any damage caused by violation of
7 Section 21-1.3 of the Criminal Code of 1961 and similar
8 damages to property located within the municipality or county
9 in which the violation occurred. Where possible and
10 reasonable, the community service should be performed in the
11 offender's neighborhood.
12 For the purposes of this Section, "organized gang" has
13 the meaning ascribed to it in Section 10 of the Illinois
14 Streetgang Terrorism Omnibus Prevention Act.
15 (c) 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) make a report to and appear in person before or
21 participate with the court or such courts, person, or
22 social service agency as directed by the court in the
23 order of supervision;
24 (2) pay a fine and costs;
25 (3) work or pursue a course of study or vocational
26 training;
27 (4) undergo medical, psychological or psychiatric
28 treatment; or treatment for drug addiction or alcoholism;
29 (5) attend or reside in a facility established for
30 the instruction or residence of defendants on probation;
31 (6) support his dependents;
32 (7) refrain from possessing a firearm or other
33 dangerous weapon;
34 (8) 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; and
8 (9) make restitution or reparation in an amount not
9 to exceed actual loss or damage to property and pecuniary
10 loss or make restitution under Section 5-5-6 to a
11 domestic violence shelter. The court shall determine the
12 amount and conditions of payment;
13 (10) perform some reasonable public or community
14 service;
15 (11) comply with the terms and conditions of an
16 order of protection issued by the court pursuant to the
17 Illinois Domestic Violence Act of 1986. If the court has
18 ordered the defendant to make a report and appear in
19 person under paragraph (1) of this subsection, a copy of
20 the order of protection shall be transmitted to the
21 person or agency so designated by the court;
22 (12) reimburse any "local anti-crime program" as
23 defined in Section 7 of the Anti-Crime Advisory Council
24 Act for any reasonable expenses incurred by the program
25 on the offender's case, not to exceed the maximum amount
26 of the fine authorized for the offense for which the
27 defendant was sentenced;
28 (13) contribute a reasonable sum of money, not to
29 exceed the maximum amount of the fine authorized for the
30 offense for which the defendant was sentenced, to a
31 "local anti-crime program", as defined in Section 7 of
32 the Anti-Crime Advisory Council Act;
33 (14) refrain from entering into a designated
34 geographic area except upon such terms as the court finds
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1 appropriate. Such terms may include consideration of the
2 purpose of the entry, the time of day, other persons
3 accompanying the defendant, and advance approval by a
4 probation officer;
5 (15) refrain from having any contact, directly or
6 indirectly, with certain specified persons or particular
7 types of person, including but not limited to members of
8 street gangs and drug users or dealers;
9 (16) refrain from having in his or her body the
10 presence of any illicit drug prohibited by the Cannabis
11 Control Act or the Illinois Controlled Substances Act,
12 unless prescribed by a physician, and submit samples of
13 his or her blood or urine or both for tests to determine
14 the presence of any illicit drug.
15 (d) The court shall defer entering any judgment on the
16 charges until the conclusion of the supervision.
17 (e) At the conclusion of the period of supervision, if
18 the court determines that the defendant has successfully
19 complied with all of the conditions of supervision, the court
20 shall discharge the defendant and enter a judgment dismissing
21 the charges.
22 (f) Discharge and dismissal upon a successful conclusion
23 of a disposition of supervision shall be deemed without
24 adjudication of guilt and shall not be termed a conviction
25 for purposes of disqualification or disabilities imposed by
26 law upon conviction of a crime. Two years after the
27 discharge and dismissal under this Section, unless the
28 disposition of supervision was for a violation of Sections
29 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
30 Vehicle Code or a similar provision of a local ordinance, or
31 for a violation of Sections 12-3.2 or 16A-3 of the Criminal
32 Code of 1961, in which case it shall be 5 years after
33 discharge and dismissal, a person may have his record of
34 arrest sealed or expunged as may be provided by law.
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1 However, any defendant placed on supervision before January
2 1, 1980, may move for sealing or expungement of his arrest
3 record, as provided by law, at any time after discharge and
4 dismissal under this Section. A person placed on supervision
5 for a sexual offense committed against a minor as defined in
6 subsection (g) of Section 5 of the Criminal Identification
7 Act or for a violation of Section 11-501 of the Illinois
8 Vehicle Code or a similar provision of a local ordinance
9 shall not have his or her record of arrest sealed or
10 expunged.
11 (g) A defendant placed on supervision and who during the
12 period of supervision undergoes mandatory drug or alcohol
13 testing, or both, or is assigned to be placed on an approved
14 electronic monitoring device, shall may be ordered to pay the
15 costs incidental to such mandatory drug or alcohol testing,
16 or both, and costs incidental to such approved electronic
17 monitoring in accordance with the defendant's ability to pay
18 those costs. The county board with the concurrence of the
19 Chief Judge of the judicial circuit in which the county is
20 located shall may establish reasonable fees for the cost of
21 maintenance, testing, and incidental expenses related to the
22 mandatory drug or alcohol testing, or both, and all costs
23 incidental to approved electronic monitoring, of all
24 defendants offenders placed on supervision. The concurrence
25 of the Chief Judge shall be in the form of an administrative
26 order. The fees shall be collected by the clerk of the
27 circuit court. The clerk of the circuit court shall pay all
28 moneys collected from these fees to the county treasurer who
29 shall use the moneys collected to defray the costs of drug
30 testing, alcohol testing, and electronic monitoring. The
31 county treasurer shall deposit the fees collected in the
32 county working cash fund under Section 6-27001 or Section
33 6-29002 of the Counties Code, as the case may be.
34 (h) A disposition of supervision is a final order for
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1 the purposes of appeal.
2 (i) The court shall impose upon a defendant placed on
3 supervision after January 1, 1992, as a condition of
4 supervision, a fee of $25 for each month of supervision
5 ordered by the court, unless after determining the inability
6 of the person placed on supervision to pay the fee, the court
7 assesses a lesser fee. The court may not impose the fee on a
8 minor who is made a ward of the State under the Juvenile
9 Court Act of 1987 while the minor is in placement. The fee
10 shall be imposed only upon a defendant who is actively
11 supervised by the probation and court services department.
12 The fee shall be collected by the clerk of the circuit court.
13 The clerk of the circuit court shall pay all monies collected
14 from this fee to the county treasurer for deposit in the
15 probation and court services fund pursuant to Section 15.1 of
16 the Probation and Probation Officers Act.
17 (j) All fines and costs imposed under this Section for
18 any violation of Chapters 3, 4, 6, and 11 of the Illinois
19 Vehicle Code, or a similar provision of a local ordinance,
20 and any violation of the Child Passenger Protection Act, or a
21 similar provision of a local ordinance, shall be collected
22 and disbursed by the circuit clerk as provided under Section
23 27.5 of the Clerks of Courts Act.
24 (Source: P.A. 88-77; 88-510; 88-670, eff. 12-2-94; 88-680,
25 eff. 1-1-95; 89-198, eff. 7-21-95; 89-203, eff. 7-21-95;
26 89-626, eff. 8-9-96; 89-637, eff. 1-1-97.)
27 (730 ILCS 5/5-7-1) (from Ch. 38, par. 1005-7-1)
28 Sec. 5-7-1. Sentence of Periodic Imprisonment.
29 (a) A sentence of periodic imprisonment is a sentence of
30 imprisonment during which the committed person may be
31 released for periods of time during the day or night or for
32 periods of days, or both, or if convicted of a felony, other
33 than first degree murder, a Class X or Class 1 felony,
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1 committed to any county, municipal, or regional correctional
2 or detention institution or facility in this State for such
3 periods of time as the court may direct. Unless the court
4 orders otherwise, the particular times and conditions of
5 release shall be determined by the Department of Corrections,
6 the sheriff, or the Superintendent of the house of
7 corrections, who is administering the program.
8 (b) A sentence of periodic imprisonment may be imposed
9 to permit the defendant to:
10 (1) seek employment;
11 (2) work;
12 (3) conduct a business or other self-employed
13 occupation including housekeeping;
14 (4) attend to family needs;
15 (5) attend an educational institution, including
16 vocational education;
17 (6) obtain medical or psychological treatment;
18 (7) perform work duties at a county, municipal, or
19 regional correctional or detention institution or
20 facility;
21 (8) continue to reside at home with or without
22 supervision involving the use of an approved electronic
23 monitoring device, subject to Article 8A of Chapter V; or
24 (9) for any other purpose determined by the court.
25 (c) Except where prohibited by other provisions of this
26 Code, the court may impose a sentence of periodic
27 imprisonment for a felony or misdemeanor on a person who is
28 17 years of age or older. The court shall not impose a
29 sentence of periodic imprisonment if it imposes a sentence of
30 imprisonment upon the defendant in excess of 90 days.
31 (d) A sentence of periodic imprisonment shall be for a
32 definite term of from 3 to 4 years for a Class 1 felony, 18
33 to 30 months for a Class 2 felony, and up to 18 months, or
34 the longest sentence of imprisonment that could be imposed
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1 for the offense, whichever is less, for all other offenses;
2 however, no person shall be sentenced to a term of periodic
3 imprisonment longer than one year if he is committed to a
4 county correctional institution or facility, and in
5 conjunction with that sentence participate in a county work
6 release program comparable to the work and day release
7 program provided for in Article 13 of the Unified Code of
8 Corrections in State facilities. The term of the sentence
9 shall be calculated upon the basis of the duration of its
10 term rather than upon the basis of the actual days spent in
11 confinement. No sentence of periodic imprisonment shall be
12 subject to the good time credit provisions of Section 3-6-3
13 of this Code.
14 (e) When the court imposes a sentence of periodic
15 imprisonment, it shall state:
16 (1) the term of such sentence;
17 (2) the days or parts of days which the defendant
18 is to be confined;
19 (3) the conditions.
20 (f) The court may issue an order of protection pursuant
21 to the Illinois Domestic Violence Act of 1986 as a condition
22 of a sentence of periodic imprisonment. The Illinois Domestic
23 Violence Act of 1986 shall govern the issuance, enforcement
24 and recording of orders of protection issued under this
25 Section. A copy of the order of protection shall be
26 transmitted to the person or agency having responsibility for
27 the case.
28 (g) An offender sentenced to periodic imprisonment, and
29 who during the term of either undergoes mandatory drug or
30 alcohol testing, or both, or is assigned to be placed on an
31 approved electronic monitoring device, shall may be ordered
32 to pay the costs incidental to such mandatory drug or alcohol
33 testing, or both, and costs incidental to such approved
34 electronic monitoring in accordance with the defendant's
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1 ability to pay those costs. The county board with the
2 concurrence of the Chief Judge of the judicial circuit in
3 which the county is located shall may establish reasonable
4 fees for the cost of maintenance, testing, and incidental
5 expenses related to the mandatory drug or alcohol testing, or
6 both, and all costs incidental to approved electronic
7 monitoring, of all offenders with a sentence of periodic
8 imprisonment. The concurrence of the Chief Judge shall be in
9 the form of an administrative order. The fees shall be
10 collected by the clerk of the circuit court. The clerk of
11 the circuit court shall pay all moneys collected from these
12 fees to the county treasurer who shall use the moneys
13 collected to defray the costs of drug testing, alcohol
14 testing, and electronic monitoring. The county treasurer
15 shall deposit the fees collected in the county working cash
16 fund under Section 6-27001 or Section 6-29002 of the Counties
17 Code, as the case may be.
18 (h) All fees and costs imposed under this Section for
19 any violation of Chapters 3, 4, 6, and 11 of the Illinois
20 Vehicle Code, or a similar provision of a local ordinance,
21 and any violation of the Child Passenger Protection Act, or a
22 similar provision of a local ordinance, shall be collected
23 and disbursed by the circuit clerk as provided under Section
24 27.5 of the Clerks of Courts Act.
25 (Source: P.A. 86-328; 86-1281; 86-1320; 86-1475; 87-670.)
26 (730 ILCS 5/5-8A-5) (from Ch. 38, par. 1005-8A-5)
27 Sec. 5-8A-5. Consent of the participant. Before
28 entering an order for commitment for electronic home
29 detention, the supervising authority shall inform the
30 participant and other persons residing in the home of the
31 nature and extent of the approved electronic monitoring
32 devices by doing the following:
33 (A) Securing the written consent of the participant in
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1 the program to comply with the rules and regulations of the
2 program as stipulated in subsections (A) through (I) of
3 Section 5-8A-4.
4 (B) Where possible, securing the written consent of
5 other persons residing in the home of the participant,
6 including the person in whose name the telephone is
7 registered, at the time of the order or commitment for
8 electronic home detention is entered and acknowledge the
9 nature and extent of approved electronic monitoring devices.
10 (C) Insure that the approved electronic devices be
11 minimally intrusive upon the privacy of the participant and
12 other persons residing in the home while remaining in
13 compliance with subsections (B) through (D) of Section
14 5-8A-4.
15 (Source: P.A. 86-1281; 87-860; 87-890.)