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| [ House Amendment 001 ] |
91_SB1426eng SB1426 Engrossed LRB9111505RCpk 1 AN ACT in relation to probation and supervision. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Juvenile Court Act of 1987 is amended by 5 changing Sections 5-615 and 5-715 as follows: 6 (705 ILCS 405/5-615) 7 Sec. 5-615. Continuance under supervision. 8 (1) The court may enter an order of continuance under 9 supervision for an offense other than first degree murder, a 10 Class X felony or a forcible felony (a) upon an admission or 11 stipulation by the appropriate respondent or minor respondent 12 of the facts supporting the petition and before proceeding to 13 adjudication, or after hearing the evidence at the trial, and 14 (b) in the absence of objection made in open court by the 15 minor, his or her parent, guardian, or legal custodian, the 16 minor's attorney or the State's Attorney. 17 (2) If the minor, his or her parent, guardian, or legal 18 custodian, the minor's attorney or State's Attorney objects 19 in open court to any continuance and insists upon proceeding 20 to findings and adjudication, the court shall so proceed. 21 (3) Nothing in this Section limits the power of the 22 court to order a continuance of the hearing for the 23 production of additional evidence or for any other proper 24 reason. 25 (4) When a hearing where a minor is alleged to be a 26 delinquent is continued pursuant to this Section, the period 27 of continuance under supervision may not exceed 24 months. 28 The court may terminate a continuance under supervision at 29 any time if warranted by the conduct of the minor and the 30 ends of justice. 31 (5) When a hearing where a minor is alleged to be SB1426 Engrossed -2- LRB9111505RCpk 1 delinquent is continued pursuant to this Section, the court 2 may, as conditions of the continuance under supervision, 3 require the minor to do any of the following: 4 (a) not violate any criminal statute of any 5 jurisdiction; 6 (b) make a report to and appear in person before 7 any person or agency as directed by the court; 8 (c) work or pursue a course of study or vocational 9 training; 10 (d) undergo medical or psychotherapeutic treatment 11 rendered by a therapist licensed under the provisions of 12 the Medical Practice Act of 1987, the Clinical 13 Psychologist Licensing Act, or the Clinical Social Work 14 and Social Work Practice Act, or an entity licensed by 15 the Department of Human Services as a successor to the 16 Department of Alcoholism and Substance Abuse, for the 17 provision of drug addiction and alcoholism treatment; 18 (e) attend or reside in a facility established for 19 the instruction or residence of persons on probation; 20 (f) support his or her dependents, if any; 21 (g) pay costs; 22 (h) refrain from possessing a firearm or other 23 dangerous weapon, or an automobile; 24 (i) permit the probation officer to visit him or 25 her at his or her home or elsewhere; 26 (j) reside with his or her parents or in a foster 27 home; 28 (k) attend school; 29 (k-5) with the consent of the chief administrative 30 officer of the facility, attend an educational program at 31 a facility other than the school in which the offense was 32 committed if he or she committed a crime of violence as 33 defined in Section 2 of the Crime Victims Compensation 34 Act in a school, on the real property comprising a SB1426 Engrossed -3- LRB9111505RCpk 1 school, or within 1,000 feet of the real property 2 comprising a school; 3 (l) attend a non-residential program for youth; 4 (m) contribute to his or her own support at home or 5 in a foster home; 6 (n) perform some reasonable public or community 7 service; 8 (o) make restitution to the victim, in the same 9 manner and under the same conditions as provided in 10 subsection (4) of Section 5-710, except that the 11 "sentencing hearing" referred to in that Section shall be 12 the adjudicatory hearing for purposes of this Section; 13 (p) comply with curfew requirements as designated 14 by the court; 15 (q) refrain from entering into a designated 16 geographic area except upon terms as the court finds 17 appropriate. The terms may include consideration of the 18 purpose of the entry, the time of day, other persons 19 accompanying the minor, and advance approval by a 20 probation officer; 21 (r) 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 (r-5) undergo a medical or other procedure to have 26 a tattoo symbolizing allegiance to a street gang removed 27 from his or her body; 28 (s) refrain from having in his or her body the 29 presence of any illicit drug prohibited by the Cannabis 30 Control Act or the Illinois Controlled Substances Act, 31 unless prescribed by a physician, and submit samples of 32 his or her blood or urine or both for tests to determine 33 the presence of any illicit drug; or 34 (t) comply with any other conditions as may be SB1426 Engrossed -4- LRB9111505RCpk 1 ordered by the court. 2 (6) A minor whose case is continued under supervision 3 under subsection (5) shall be given a certificate setting 4 forth the conditions imposed by the court. Those conditions 5 may be reduced, enlarged, or modified by the court on motion 6 of the probation officer or on its own motion, or that of the 7 State's Attorney, or, at the request of the minor after 8 notice and hearing. 9 (7) If a petition is filed charging a violation of a 10 condition of the continuance under supervision, the court 11 shall conduct a hearing. If the court finds that a condition 12 of supervision has not been fulfilled, the court may proceed 13 to findings and adjudication and disposition. The filing of 14 a petition for violation of a condition of the continuance 15 under supervision shall toll the period of continuance under 16 supervision until the final determination of the charge, and 17 the term of the continuance under supervision shall not run 18 until the hearing and disposition of the petition for 19 violation; provided where the petition alleges conduct that 20 does not constitute a criminal offense, the hearing must be 21 held within 30 days of the filing of the petition unless a 22 delay shall continue the tolling of the period of continuance 23 under supervision for the period of the delay. 24 (8) When a hearing in which a minor is alleged to be a 25 delinquent for reasons that include a violation of Section 26 21-1.3 of the Criminal Code of 1961 is continued under this 27 Section, the court shall, as a condition of the continuance 28 under supervision, require the minor to perform community 29 service for not less than 30 and not more than 120 hours, if 30 community service is available in the jurisdiction. The 31 community service shall include, but need not be limited to, 32 the cleanup and repair of the damage that was caused by the 33 alleged violation or similar damage to property located in 34 the municipality or county in which the alleged violation SB1426 Engrossed -5- LRB9111505RCpk 1 occurred. The condition may be in addition to any other 2 condition. 3 (9) When a hearing in which a minor is alleged to be a 4 delinquent is continued under this Section, the court, before 5 continuing the case, shall make a finding whether the offense 6 alleged to have been committed either: (i) was related to or 7 in furtherance of the activities of an organized gang or was 8 motivated by the minor's membership in or allegiance to an 9 organized gang, or (ii) is a violation of paragraph (13) of 10 subsection (a) of Section 12-2 of the Criminal Code of 1961, 11 a violation of any Section of Article 24 of the Criminal Code 12 of 1961, or a violation of any statute that involved the 13 unlawful use of a firearm. If the court determines the 14 question in the affirmative the court shall, as a condition 15 of the continuance under supervision and as part of or in 16 addition to any other condition of the supervision, require 17 the minor to perform community service for not less than 30 18 hours, provided that community service is available in the 19 jurisdiction and is funded and approved by the county board 20 of the county where the offense was committed. The community 21 service shall include, but need not be limited to, the 22 cleanup and repair of any damage caused by an alleged 23 violation of Section 21-1.3 of the Criminal Code of 1961 and 24 similar damage to property located in the municipality or 25 county in which the alleged violation occurred. When 26 possible and reasonable, the community service shall be 27 performed in the minor's neighborhood. For the purposes of 28 this Section, "organized gang" has the meaning ascribed to it 29 in Section 10 of the Illinois Streetgang Terrorism Omnibus 30 Prevention Act. 31 (10) The court shall impose upon a minor placed on 32 supervision, as a condition of the supervision, a fee of $25 33 for each month of supervision ordered by the court, unless 34 after determining the inability of the minor placed on SB1426 Engrossed -6- LRB9111505RCpk 1 supervision to pay the fee, the court assesses a lesser 2 amount. The court may not impose the fee on a minor who is 3 made a ward of the State under this Act while the minor is in 4 placement. The fee shall be imposed only upon a minor who is 5 actively supervised by the probation and court services 6 department. A court may order the parent, guardian, or legal 7 custodian of the minor to pay some or all of the fee on the 8 minor's behalf. 9 (Source: P.A. 90-590, eff. 1-1-99; 91-98; eff. 1-1-00; 10 91-332, eff. 7-29-99; revised 10-7-99.) 11 (705 ILCS 405/5-715) 12 Sec. 5-715. Probation. 13 (1) The period of probation or conditional discharge 14 shall not exceed 5 years or until the minor has attained the 15 age of 21 years, whichever is less, except as provided in 16 this Section for a minor who is found to be guilty for an 17 offense which is first degree murder, a Class X felony or a 18 forcible felony. The juvenile court may terminate probation 19 or conditional discharge and discharge the minor at any time 20 if warranted by the conduct of the minor and the ends of 21 justice; provided, however, that the period of probation for 22 a minor who is found to be guilty for an offense which is 23 first degree murder, a Class X felony, or a forcible felony 24 shall be at least 5 years. 25 (2) The court may as a condition of probation or of 26 conditional discharge require that the minor: 27 (a) not violate any criminal statute of any 28 jurisdiction; 29 (b) make a report to and appear in person before 30 any person or agency as directed by the court; 31 (c) work or pursue a course of study or vocational 32 training; 33 (d) undergo medical or psychiatric treatment, SB1426 Engrossed -7- LRB9111505RCpk 1 rendered by a psychiatrist or psychological treatment 2 rendered by a clinical psychologist or social work 3 services rendered by a clinical social worker, or 4 treatment for drug addiction or alcoholism; 5 (e) attend or reside in a facility established for 6 the instruction or residence of persons on probation; 7 (f) support his or her dependents, if any; 8 (g) refrain from possessing a firearm or other 9 dangerous weapon, or an automobile; 10 (h) permit the probation officer to visit him or 11 her at his or her home or elsewhere; 12 (i) reside with his or her parents or in a foster 13 home; 14 (j) attend school; 15 (j-5) with the consent of the chief administrative 16 officer of the facility, attend an educational program at 17 a facility other than the school in which the offense was 18 committed if he or she committed a crime of violence as 19 defined in Section 2 of the Crime Victims Compensation 20 Act in a school, on the real property comprising a 21 school, or within 1,000 feet of the real property 22 comprising a school; 23 (k) attend a non-residential program for youth; 24 (l) make restitution under the terms of subsection 25 (4) of Section 5-710; 26 (m) contribute to his or her own support at home or 27 in a foster home; 28 (n) perform some reasonable public or community 29 service; 30 (o) participate with community corrections programs 31 including unified delinquency intervention services 32 administered by the Department of Human Services subject 33 to Section 5 of the Children and Family Services Act; 34 (p) pay costs; SB1426 Engrossed -8- LRB9111505RCpk 1 (q) serve a term of home confinement. In addition 2 to any other applicable condition of probation or 3 conditional discharge, the conditions of home confinement 4 shall be that the minor: 5 (i) remain within the interior premises of the 6 place designated for his or her confinement during 7 the hours designated by the court; 8 (ii) admit any person or agent designated by 9 the court into the minor's place of confinement at 10 any time for purposes of verifying the minor's 11 compliance with the conditions of his or her 12 confinement; and 13 (iii) use an approved electronic monitoring 14 device if ordered by the court subject to Article 8A 15 of Chapter V of the Unified Code of Corrections; 16 (r) refrain from entering into a designated 17 geographic area except upon terms as the court finds 18 appropriate. The terms may include consideration of the 19 purpose of the entry, the time of day, other persons 20 accompanying the minor, and advance approval by a 21 probation officer, if the minor has been placed on 22 probation, or advance approval by the court, if the minor 23 has been placed on conditional discharge; 24 (s) refrain from having any contact, directly or 25 indirectly, with certain specified persons or particular 26 types of persons, including but not limited to members of 27 street gangs and drug users or dealers; 28 (s-5) undergo a medical or other procedure to have 29 a tattoo symbolizing allegiance to a street gang removed 30 from his or her body; 31 (t) 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 shall submit SB1426 Engrossed -9- LRB9111505RCpk 1 samples of his or her blood or urine or both for tests to 2 determine the presence of any illicit drug; or 3 (u) comply with other conditions as may be ordered 4 by the court. 5 (3) The court may as a condition of probation or of 6 conditional discharge require that a minor found guilty on 7 any alcohol, cannabis, or controlled substance violation, 8 refrain from acquiring a driver's license during the period 9 of probation or conditional discharge. If the minor is in 10 possession of a permit or license, the court may require that 11 the minor refrain from driving or operating any motor vehicle 12 during the period of probation or conditional discharge, 13 except as may be necessary in the course of the minor's 14 lawful employment. 15 (4) A minor on probation or conditional discharge shall 16 be given a certificate setting forth the conditions upon 17 which he or she is being released. 18 (5) The court shall impose upon a minor placed on 19 probation or conditional discharge, as a condition of the 20 probation or conditional discharge, a fee of $25 for each 21 month of probation or conditional discharge supervision 22 ordered by the court, unless after determining the inability 23 of the minor placed on probation or conditional discharge to 24 pay the fee, the court assesses a lesser amount. The court 25 may not impose the fee on a minor who is made a ward of the 26 State under this Act while the minor is in placement. The 27 fee shall be imposed only upon a minor who is actively 28 supervised by the probation and court services department. 29 The court may order the parent, guardian, or legal custodian 30 of the minor to pay some or all of the fee on the minor's 31 behalf. 32 (6) The General Assembly finds that in order to protect 33 the public, the juvenile justice system must compel 34 compliance with the conditions of probation by responding to SB1426 Engrossed -10- LRB9111505RCpk 1 violations with swift, certain, and fair punishments and 2 intermediate sanctions. The Chief Judge of each circuit 3 shall adopt a system of structured, intermediate sanctions 4 for violations of the terms and conditions of a sentence of 5 supervision, probation or conditional discharge, under this 6 Act. 7 The court shall provide as a condition of a disposition 8 of probation, conditional discharge, or supervision, that the 9 probation agency may invoke any sanction from the list of 10 intermediate sanctions adopted by the chief judge of the 11 circuit court for violations of the terms and conditions of 12 the sentence of probation, conditional discharge, or 13 supervision, subject to the provisions of Section 5-720 of 14 this Act. 15 (Source: P.A. 90-590, eff. 1-1-99; 91-98, eff. 1-1-00.) 16 Section 10. The Unified Code of Corrections is amended 17 by changing Sections 5-6-3 and 5-6-3.1 as follows: 18 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) 19 Sec. 5-6-3. Conditions of Probation and of Conditional 20 Discharge. 21 (a) The conditions of probation and of conditional 22 discharge shall be that the person: 23 (1) not violate any criminal statute of any 24 jurisdiction; 25 (2) report to or appear in person before such 26 person or agency as directed by the court; 27 (3) refrain from possessing a firearm or other 28 dangerous weapon; 29 (4) not leave the State without the consent of the 30 court or, in circumstances in which the reason for the 31 absence is of such an emergency nature that prior consent 32 by the court is not possible, without the prior SB1426 Engrossed -11- LRB9111505RCpk 1 notification and approval of the person's probation 2 officer; 3 (5) permit the probation officer to visit him at 4 his home or elsewhere to the extent necessary to 5 discharge his duties; 6 (6) perform no less than 30 hours of community 7 service and not more than 120 hours of community service, 8 if community service is available in the jurisdiction and 9 is funded and approved by the county board where the 10 offense was committed, where the offense was related to 11 or in furtherance of the criminal activities of an 12 organized gang and was motivated by the offender's 13 membership in or allegiance to an organized gang. The 14 community service shall include, but not be limited to, 15 the cleanup and repair of any damage caused by a 16 violation of Section 21-1.3 of the Criminal Code of 1961 17 and similar damage to property located within the 18 municipality or county in which the violation occurred. 19 When possible and reasonable, the community service 20 should be performed in the offender's neighborhood. For 21 purposes of this Section, "organized gang" has the 22 meaning ascribed to it in Section 10 of the Illinois 23 Streetgang Terrorism Omnibus Prevention Act; 24 (7) if he or she is at least 17 years of age and 25 has been sentenced to probation or conditional discharge 26 for a misdemeanor or felony in a county of 3,000,000 or 27 more inhabitants and has not been previously convicted of 28 a misdemeanor or felony, may be required by the 29 sentencing court to attend educational courses designed 30 to prepare the defendant for a high school diploma and to 31 work toward a high school diploma or to work toward 32 passing the high school level Test of General Educational 33 Development (GED) or to work toward completing a 34 vocational training program approved by the court. The SB1426 Engrossed -12- LRB9111505RCpk 1 person on probation or conditional discharge must attend 2 a public institution of education to obtain the 3 educational or vocational training required by this 4 clause (7). The court shall revoke the probation or 5 conditional discharge of a person who wilfully fails to 6 comply with this clause (7). The person on probation or 7 conditional discharge shall be required to pay for the 8 cost of the educational courses or GED test, if a fee is 9 charged for those courses or test. The court shall 10 resentence the offender whose probation or conditional 11 discharge has been revoked as provided in Section 5-6-4. 12 This clause (7) does not apply to a person who has a high 13 school diploma or has successfully passed the GED test. 14 This clause (7) does not apply to a person who is 15 determined by the court to be developmentally disabled or 16 otherwise mentally incapable of completing the 17 educational or vocational program; and 18 (8) if convicted of possession of a substance 19 prohibited by the Cannabis Control Act or Illinois 20 Controlled Substances Act after a previous conviction or 21 disposition of supervision for possession of a substance 22 prohibited by the Cannabis Control Act or Illinois 23 Controlled Substances Act or after a sentence of 24 probation under Section 10 of the Cannabis Control Act or 25 Section 410 of the Illinois Controlled Substances Act and 26 upon a finding by the court that the person is addicted, 27 undergo treatment at a substance abuse program approved 28 by the court. 29 (b) The Court may in addition to other reasonable 30 conditions relating to the nature of the offense or the 31 rehabilitation of the defendant as determined for each 32 defendant in the proper discretion of the Court require that 33 the person: 34 (1) serve a term of periodic imprisonment under SB1426 Engrossed -13- LRB9111505RCpk 1 Article 7 for a period not to exceed that specified in 2 paragraph (d) of Section 5-7-1; 3 (2) pay a fine and costs; 4 (3) work or pursue a course of study or vocational 5 training; 6 (4) undergo medical, psychological or psychiatric 7 treatment; or treatment for drug addiction or alcoholism; 8 (5) attend or reside in a facility established for 9 the instruction or residence of defendants on probation; 10 (6) support his dependents; 11 (7) and in addition, if a minor: 12 (i) reside with his parents or in a foster 13 home; 14 (ii) attend school; 15 (iii) attend a non-residential program for 16 youth; 17 (iv) contribute to his own support at home or 18 in a foster home; 19 (v) with the consent of the chief 20 administrative officer of the facility, attend an 21 educational program at a facility other than the 22 school in which the offense was committed if he or 23 she is convicted of a crime of violence as defined 24 in Section 2 of the Crime Victims Compensation Act 25 committed in a school, on the real property 26 comprising a school, or within 1,000 feet of the 27 real property comprising a school; 28 (8) make restitution as provided in Section 5-5-6 29 of this Code; 30 (9) perform some reasonable public or community 31 service; 32 (10) serve a term of home confinement. In addition 33 to any other applicable condition of probation or 34 conditional discharge, the conditions of home confinement SB1426 Engrossed -14- LRB9111505RCpk 1 shall be that the offender: 2 (i) remain within the interior premises of the 3 place designated for his confinement during the 4 hours designated by the court; 5 (ii) admit any person or agent designated by 6 the court into the offender's place of confinement 7 at any time for purposes of verifying the offender's 8 compliance with the conditions of his confinement; 9 and 10 (iii) if further deemed necessary by the court 11 or the Probation or Court Services Department, be 12 placed on an approved electronic monitoring device, 13 subject to Article 8A of Chapter V; 14 (iv) for persons convicted of any alcohol, 15 cannabis or controlled substance violation who are 16 placed on an approved monitoring device as a 17 condition of probation or conditional discharge, the 18 court shall impose a reasonable fee for each day of 19 the use of the device, as established by the county 20 board in subsection (g) of this Section, unless 21 after determining the inability of the offender to 22 pay the fee, the court assesses a lesser fee or no 23 fee as the case may be. This fee shall be imposed in 24 addition to the fees imposed under subsections (g) 25 and (i) of this Section. The fee shall be collected 26 by the clerk of the circuit court. The clerk of the 27 circuit court shall pay all monies collected from 28 this fee to the county treasurer for deposit in the 29 substance abuse services fund under Section 5-1086.1 30 of the Counties Code; and 31 (v) for persons convicted of offenses other 32 than those referenced in clause (iv) above and who 33 are placed on an approved monitoring device as a 34 condition of probation or conditional discharge, the SB1426 Engrossed -15- LRB9111505RCpk 1 court shall impose a reasonable fee for each day of 2 the use of the device, as established by the county 3 board in subsection (g) of this Section, unless 4 after determining the inability of the defendant to 5 pay the fee, the court assesses a lesser fee or no 6 fee as the case may be. This fee shall be imposed 7 in addition to the fees imposed under subsections 8 (g) and (i) of this Section. The fee shall be 9 collected by the clerk of the circuit court. The 10 clerk of the circuit court shall pay all monies 11 collected from this fee to the county treasurer who 12 shall use the monies collected to defray the costs 13 of corrections. The county treasurer shall deposit 14 the fee collected in the county working cash fund 15 under Section 6-27001 or Section 6-29002 of the 16 Counties Code, as the case may be. 17 (11) comply with the terms and conditions of an 18 order of protection issued by the court pursuant to the 19 Illinois Domestic Violence Act of 1986, as now or 20 hereafter amended. A copy of the order of protection 21 shall be transmitted to the probation officer or agency 22 having responsibility for the case; 23 (12) reimburse any "local anti-crime program" as 24 defined in Section 7 of the Anti-Crime Advisory Council 25 Act for any reasonable expenses incurred by the program 26 on the offender's case, not to exceed the maximum amount 27 of the fine authorized for the offense for which the 28 defendant was sentenced; 29 (13) contribute a reasonable sum of money, not to 30 exceed the maximum amount of the fine authorized for the 31 offense for which the defendant was sentenced, to a 32 "local anti-crime program", as defined in Section 7 of 33 the Anti-Crime Advisory Council Act; 34 (14) refrain from entering into a designated SB1426 Engrossed -16- LRB9111505RCpk 1 geographic area except upon such terms as the court finds 2 appropriate. Such terms may include consideration of the 3 purpose of the entry, the time of day, other persons 4 accompanying the defendant, and advance approval by a 5 probation officer, if the defendant has been placed on 6 probation or advance approval by the court, if the 7 defendant was placed on conditional discharge; 8 (15) refrain from having any contact, directly or 9 indirectly, with certain specified persons or particular 10 types of persons, including but not limited to members of 11 street gangs and drug users or dealers; 12 (16) refrain from having in his or her body the 13 presence of any illicit drug prohibited by the Cannabis 14 Control Act or the Illinois Controlled Substances Act, 15 unless prescribed by a physician, and submit samples of 16 his or her blood or urine or both for tests to determine 17 the presence of any illicit drug. 18 (c) The court may as a condition of probation or of 19 conditional discharge require that a person under 18 years of 20 age found guilty of any alcohol, cannabis or controlled 21 substance violation, refrain from acquiring a driver's 22 license during the period of probation or conditional 23 discharge. If such person is in possession of a permit or 24 license, the court may require that the minor refrain from 25 driving or operating any motor vehicle during the period of 26 probation or conditional discharge, except as may be 27 necessary in the course of the minor's lawful employment. 28 (d) An offender sentenced to probation or to conditional 29 discharge shall be given a certificate setting forth the 30 conditions thereof. 31 (e) The court shall not require as a condition of the 32 sentence of probation or conditional discharge that the 33 offender be committed to a period of imprisonment in excess 34 of 6 months. This 6 month limit shall not include periods of SB1426 Engrossed -17- LRB9111505RCpk 1 confinement given pursuant to a sentence of county impact 2 incarceration under Section 5-8-1.2. 3 Persons committed to imprisonment as a condition of 4 probation or conditional discharge shall not be committed to 5 the Department of Corrections. 6 (f) The court may combine a sentence of periodic 7 imprisonment under Article 7 or a sentence to a county impact 8 incarceration program under Article 8 with a sentence of 9 probation or conditional discharge. 10 (g) An offender sentenced to probation or to conditional 11 discharge and who during the term of either undergoes 12 mandatory drug or alcohol testing, or both, or is assigned to 13 be placed on an approved electronic monitoring device, shall 14 be ordered to pay all costs incidental to such mandatory drug 15 or alcohol testing, or both, and all costs incidental to such 16 approved electronic monitoring in accordance with the 17 defendant's ability to pay those costs. The county board 18 with the concurrence of the Chief Judge of the judicial 19 circuit in which the county is located shall establish 20 reasonable fees for the cost of maintenance, testing, and 21 incidental expenses related to the mandatory drug or alcohol 22 testing, or both, and all costs incidental to approved 23 electronic monitoring, involved in a successful probation 24 program for the county. The concurrence of the Chief Judge 25 shall be in the form of an administrative order. The fees 26 shall be collected by the clerk of the circuit court. The 27 clerk of the circuit court shall pay all moneys collected 28 from these fees to the county treasurer who shall use the 29 moneys collected to defray the costs of drug testing, alcohol 30 testing, and electronic monitoring. The county treasurer 31 shall deposit the fees collected in the county working cash 32 fund under Section 6-27001 or Section 6-29002 of the Counties 33 Code, as the case may be. 34 (h) Jurisdiction over an offender may be transferred SB1426 Engrossed -18- LRB9111505RCpk 1 from the sentencing court to the court of another circuit 2 with the concurrence of both courts, or to another state 3 under an Interstate Probation Reciprocal Agreement as 4 provided in Section 3-3-11. Further transfers or retransfers 5 of jurisdiction are also authorized in the same manner. The 6 court to which jurisdiction has been transferred shall have 7 the same powers as the sentencing court. 8 (i) The court shall impose upon an offender sentenced to 9 probation after January 1, 1989 or to conditional discharge 10 after January 1, 1992, as a condition of such probation or 11 conditional discharge, a fee of $25 for each month of 12 probation or conditional discharge supervision ordered by the 13 court, unless after determining the inability of the person 14 sentenced to probation or conditional discharge to pay the 15 fee, the court assesses a lesser fee. The court may not 16 impose the fee on a minor who is made a ward of the State 17 under the Juvenile Court Act of 1987 while the minor is in 18 placement. The fee shall be imposed only upon an offender who 19 is actively supervised by the probation and court services 20 department. The fee shall be collected by the clerk of the 21 circuit court. The clerk of the circuit court shall pay all 22 monies collected from this fee to the county treasurer for 23 deposit in the probation and court services fund under 24 Section 15.1 of the Probation and Probation Officers Act. 25 (j) All fines and costs imposed under this Section for 26 any violation of Chapters 3, 4, 6, and 11 of the Illinois 27 Vehicle Code, or a similar provision of a local ordinance, 28 and any violation of the Child Passenger Protection Act, or a 29 similar provision of a local ordinance, shall be collected 30 and disbursed by the circuit clerk as provided under Section 31 27.5 of the Clerks of Courts Act. 32 (Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98; 33 90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 91-325, eff. 34 7-29-99.) SB1426 Engrossed -19- LRB9111505RCpk 1 (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1) 2 Sec. 5-6-3.1. Incidents and Conditions of Supervision. 3 (a) When a defendant is placed on supervision, the court 4 shall enter an order for supervision specifying the period of 5 such supervision, and shall defer further proceedings in the 6 case until the conclusion of the period. 7 (b) The period of supervision shall be reasonable under 8 all of the circumstances of the case, but may not be longer 9 than 2 years, unless the defendant has failed to pay the 10 assessment required by Section 10.3 of the Cannabis Control 11 Act or Section 411.2 of the Illinois Controlled Substances 12 Act, in which case the court may extend supervision beyond 2 13 years. Additionally, the court shall order the defendant to 14 perform no less than 30 hours of community service and not 15 more than 120 hours of community service, if community 16 service is available in the jurisdiction and is funded and 17 approved by the county board where the offense was committed, 18 when the offense (1) was related to or in furtherance of the 19 criminal activities of an organized gang or was motivated by 20 the defendant's membership in or allegiance to an organized 21 gang; or (2) is a violation of any Section of Article 24 of 22 the Criminal Code of 1961 where a disposition of supervision 23 is not prohibited by Section 5-6-1 of this Code. The 24 community service shall include, but not be limited to, the 25 cleanup and repair of any damage caused by violation of 26 Section 21-1.3 of the Criminal Code of 1961 and similar 27 damages to property located within the municipality or county 28 in which the violation occurred. Where possible and 29 reasonable, the community service should be performed in the 30 offender's neighborhood. 31 For the purposes of this Section, "organized gang" has 32 the meaning ascribed to it in Section 10 of the Illinois 33 Streetgang Terrorism Omnibus Prevention Act. 34 (c) The court may in addition to other reasonable SB1426 Engrossed -20- LRB9111505RCpk 1 conditions relating to the nature of the offense or the 2 rehabilitation of the defendant as determined for each 3 defendant in the proper discretion of the court require that 4 the person: 5 (1) make a report to and appear in person before or 6 participate with the court or such courts, person, or 7 social service agency as directed by the court in the 8 order of supervision; 9 (2) pay a fine and costs; 10 (3) work or pursue a course of study or vocational 11 training; 12 (4) undergo medical, psychological or psychiatric 13 treatment; or treatment for drug addiction or alcoholism; 14 (5) attend or reside in a facility established for 15 the instruction or residence of defendants on probation; 16 (6) support his dependents; 17 (7) refrain from possessing a firearm or other 18 dangerous weapon; 19 (8) and in addition, if a minor: 20 (i) reside with his parents or in a foster 21 home; 22 (ii) attend school; 23 (iii) attend a non-residential program for 24 youth; 25 (iv) contribute to his own support at home or 26 in a foster home; orand27 (v) with the consent of the chief 28 administrative officer of the facility, attend an 29 educational program at a facility other than the 30 school in which the offense was committed if he or 31 she is placed on supervision for a crime of violence 32 as defined in Section 2 of the Crime Victims 33 Compensation Act committed in a school, on the real 34 property comprising a school, or within 1,000 feet SB1426 Engrossed -21- LRB9111505RCpk 1 of the real property comprising a school; 2 (9) make restitution or reparation in an amount not 3 to exceed actual loss or damage to property and pecuniary 4 loss or make restitution under Section 5-5-6 to a 5 domestic violence shelter. The court shall determine the 6 amount and conditions of payment; 7 (10) perform some reasonable public or community 8 service; 9 (11) comply with the terms and conditions of an 10 order of protection issued by the court pursuant to the 11 Illinois Domestic Violence Act of 1986. If the court has 12 ordered the defendant to make a report and appear in 13 person under paragraph (1) of this subsection, a copy of 14 the order of protection shall be transmitted to the 15 person or agency so designated by the court; 16 (12) reimburse any "local anti-crime program" as 17 defined in Section 7 of the Anti-Crime Advisory Council 18 Act for any reasonable expenses incurred by the program 19 on the offender's case, not to exceed the maximum amount 20 of the fine authorized for the offense for which the 21 defendant was sentenced; 22 (13) contribute a reasonable sum of money, not to 23 exceed the maximum amount of the fine authorized for the 24 offense for which the defendant was sentenced, to a 25 "local anti-crime program", as defined in Section 7 of 26 the Anti-Crime Advisory Council Act; 27 (14) refrain from entering into a designated 28 geographic area except upon such terms as the court finds 29 appropriate. Such terms may include consideration of the 30 purpose of the entry, the time of day, other persons 31 accompanying the defendant, and advance approval by a 32 probation officer; 33 (15) refrain from having any contact, directly or 34 indirectly, with certain specified persons or particular SB1426 Engrossed -22- LRB9111505RCpk 1 types of person, including but not limited to members of 2 street gangs and drug users or dealers; 3 (16) refrain from having in his or her body the 4 presence of any illicit drug prohibited by the Cannabis 5 Control Act or the Illinois Controlled Substances Act, 6 unless prescribed by a physician, and submit samples of 7 his or her blood or urine or both for tests to determine 8 the presence of any illicit drug; 9 (17) refrain from operating any motor vehicle not 10 equipped with an ignition interlock device as defined in 11 Section 1-129.1 of the Illinois Vehicle Code. Under this 12 condition the court may allow a defendant who is not 13 self-employed to operate a vehicle owned by the 14 defendant's employer that is not equipped with an 15 ignition interlock device in the course and scope of the 16 defendant's employment. 17 (d) The court shall defer entering any judgment on the 18 charges until the conclusion of the supervision. 19 (e) At the conclusion of the period of supervision, if 20 the court determines that the defendant has successfully 21 complied with all of the conditions of supervision, the court 22 shall discharge the defendant and enter a judgment dismissing 23 the charges. 24 (f) Discharge and dismissal upon a successful conclusion 25 of a disposition of supervision shall be deemed without 26 adjudication of guilt and shall not be termed a conviction 27 for purposes of disqualification or disabilities imposed by 28 law upon conviction of a crime. Two years after the 29 discharge and dismissal under this Section, unless the 30 disposition of supervision was for a violation of Sections 31 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois 32 Vehicle Code or a similar provision of a local ordinance, or 33 for a violation of Sections 12-3.2 or 16A-3 of the Criminal 34 Code of 1961, in which case it shall be 5 years after SB1426 Engrossed -23- LRB9111505RCpk 1 discharge and dismissal, a person may have his record of 2 arrest sealed or expunged as may be provided by law. 3 However, any defendant placed on supervision before January 4 1, 1980, may move for sealing or expungement of his arrest 5 record, as provided by law, at any time after discharge and 6 dismissal under this Section. A person placed on supervision 7 for a sexual offense committed against a minor as defined in 8 subsection (g) of Section 5 of the Criminal Identification 9 Act or for a violation of Section 11-501 of the Illinois 10 Vehicle Code or a similar provision of a local ordinance 11 shall not have his or her record of arrest sealed or 12 expunged. 13 (g) A defendant placed on supervision and who during the 14 period of supervision undergoes mandatory drug or alcohol 15 testing, or both, or is assigned to be placed on an approved 16 electronic monitoring device, shall be ordered to pay the 17 costs incidental to such mandatory drug or alcohol testing, 18 or both, and costs incidental to such approved electronic 19 monitoring in accordance with the defendant's ability to pay 20 those costs. The county board with the concurrence of the 21 Chief Judge of the judicial circuit in which the county is 22 located shall establish reasonable fees for the cost of 23 maintenance, testing, and incidental expenses related to the 24 mandatory drug or alcohol testing, or both, and all costs 25 incidental to approved electronic monitoring, of all 26 defendants placed on supervision. The concurrence of the 27 Chief Judge shall be in the form of an administrative order. 28 The fees shall be collected by the clerk of the circuit 29 court. The clerk of the circuit court shall pay all moneys 30 collected from these fees to the county treasurer who shall 31 use the moneys collected to defray the costs of drug testing, 32 alcohol testing, and electronic monitoring. The county 33 treasurer shall deposit the fees collected in the county 34 working cash fund under Section 6-27001 or Section 6-29002 of SB1426 Engrossed -24- LRB9111505RCpk 1 the Counties Code, as the case may be. 2 (h) A disposition of supervision is a final order for 3 the purposes of appeal. 4 (i) The court shall impose upon a defendant placed on 5 supervision after January 1, 1992, as a condition of 6 supervision, a fee of $25 for each month of supervision 7 ordered by the court, unless after determining the inability 8 of the person placed on supervision to pay the fee, the court 9 assesses a lesser fee. The court may not impose the fee on a 10 minor who is made a ward of the State under the Juvenile 11 Court Act of 1987 while the minor is in placement. The fee 12 shall be imposed only upon a defendant who is actively 13 supervised by the probation and court services department. 14 The fee shall be collected by the clerk of the circuit court. 15 The clerk of the circuit court shall pay all monies collected 16 from this fee to the county treasurer for deposit in the 17 probation and court services fund pursuant to Section 15.1 of 18 the Probation and Probation Officers Act. 19 (j) All fines and costs imposed under this Section for 20 any violation of Chapters 3, 4, 6, and 11 of the Illinois 21 Vehicle Code, or a similar provision of a local ordinance, 22 and any violation of the Child Passenger Protection Act, or a 23 similar provision of a local ordinance, shall be collected 24 and disbursed by the circuit clerk as provided under Section 25 27.5 of the Clerks of Courts Act. 26 (k) A defendant at least 17 years of age who is placed 27 on supervision for a misdemeanor in a county of 3,000,000 or 28 more inhabitants and who has not been previously convicted of 29 a misdemeanor or felony may as a condition of his or her 30 supervision be required by the court to attend educational 31 courses designed to prepare the defendant for a high school 32 diploma and to work toward a high school diploma or to work 33 toward passing the high school level Test of General 34 Educational Development (GED) or to work toward completing a SB1426 Engrossed -25- LRB9111505RCpk 1 vocational training program approved by the court. The 2 defendant placed on supervision must attend a public 3 institution of education to obtain the educational or 4 vocational training required by this subsection (k). The 5 defendant placed on supervision shall be required to pay for 6 the cost of the educational courses or GED test, if a fee is 7 charged for those courses or test. The court shall revoke 8 the supervision of a person who wilfully fails to comply with 9 this subsection (k). The court shall resentence the 10 defendant upon revocation of supervision as provided in 11 Section 5-6-4. This subsection (k) does not apply to a 12 defendant who has a high school diploma or has successfully 13 passed the GED test. This subsection (k) does not apply to a 14 defendant who is determined by the court to be 15 developmentally disabled or otherwise mentally incapable of 16 completing the educational or vocational program. 17 (l) The court shall require a defendant placed on 18 supervision for possession of a substance prohibited by the 19 Cannabis Control Act or Illinois Controlled Substances Act 20 after a previous conviction or disposition of supervision for 21 possession of a substance prohibited by the Cannabis Control 22 Act or Illinois Controlled Substances Act or a sentence of 23 probation under Section 10 of the Cannabis Control Act or 24 Section 410 of the Illinois Controlled Substances Act and 25 after a finding by the court that the person is addicted, to 26 undergo treatment at a substance abuse program approved by 27 the court. 28 (m) The court shall require a defendant placed on 29 supervision for a violation of Section 3-707 of the Illinois 30 Vehicle Code or a similar provision of a local ordinance, as 31 a condition of supervision, to give proof of his or her 32 financial responsibility as defined in Section 7-315 of the 33 Illinois Vehicle Code. The proof shall be maintained by the 34 defendant in a manner satisfactory to the Secretary of State SB1426 Engrossed -26- LRB9111505RCpk 1 for a minimum period of one year after the date the proof is 2 first filed. The Secretary of State shall suspend the 3 driver's license of any person determined by the Secretary to 4 be in violation of this subsection. 5 (Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98; 6 90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 90-784, eff. 7 1-1-99; 91-127, eff. 1-1-00.) 8 Section 99. Effective date. This Act takes effect upon 9 becoming law.