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| [ Introduced ] | [ House Amendment 001 ] |
91_SB0391eng SB391 Engrossed LRB9100332RCpc 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 SB391 Engrossed -2- LRB9100332RCpc 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) attend an educational program at a facility 30 other than the school in which the offense was committed 31 if he or she committed a crime of violence as defined in 32 Section 2 of the Crime Victims Compensation Act in a 33 school, on the real property comprising a school, or 34 within 1,000 feet of the real property comprising a SB391 Engrossed -3- LRB9100332RCpc 1 school; 2 (l) attend a non-residential program for youth; 3 (m) contribute to his or her own support at home or 4 in a foster home; 5 (n) perform some reasonable public or community 6 service; 7 (o) make restitution to the victim, in the same 8 manner and under the same conditions as provided in 9 subsection (4) of Section 5-710, except that the 10 "sentencing hearing" referred to in that Section shall be 11 the adjudicatory hearing for purposes of this Section; 12 (p) comply with curfew requirements as designated 13 by the court; 14 (q) refrain from entering into a designated 15 geographic area except upon terms as the court finds 16 appropriate. The terms may include consideration of the 17 purpose of the entry, the time of day, other persons 18 accompanying the minor, and advance approval by a 19 probation officer; 20 (r) refrain from having any contact, directly or 21 indirectly, with certain specified persons or particular 22 types of persons, including but not limited to members of 23 street gangs and drug users or dealers; 24 (s) refrain from having in his or her body the 25 presence of any illicit drug prohibited by the Cannabis 26 Control Act or the Illinois Controlled Substances Act, 27 unless prescribed by a physician, and submit samples of 28 his or her blood or urine or both for tests to determine 29 the presence of any illicit drug; or 30 (t) comply with any other conditions as may be 31 ordered by the court. 32 (6) A minor whose case is continued under supervision 33 under subsection (5) shall be given a certificate setting 34 forth the conditions imposed by the court. Those conditions SB391 Engrossed -4- LRB9100332RCpc 1 may be reduced, enlarged, or modified by the court on motion 2 of the probation officer or on its own motion, or that of the 3 State's Attorney, or, at the request of the minor after 4 notice and hearing. 5 (7) If a petition is filed charging a violation of a 6 condition of the continuance under supervision, the court 7 shall conduct a hearing. If the court finds that a condition 8 of supervision has not been fulfilled, the court may proceed 9 to findings and adjudication and disposition. The filing of 10 a petition for violation of a condition of the continuance 11 under supervision shall toll the period of continuance under 12 supervision until the final determination of the charge, and 13 the term of the continuance under supervision shall not run 14 until the hearing and disposition of the petition for 15 violation; provided where the petition alleges conduct that 16 does not constitute a criminal offense, the hearing must be 17 held within 30 days of the filing of the petition unless a 18 delay shall continue the tolling of the period of continuance 19 under supervision for the period of the delay. 20 (8) When a hearing in which a minor is alleged to be a 21 delinquent for reasons that include a violation of Section 22 21-1.3 of the Criminal Code of 1961 is continued under this 23 Section, the court shall, as a condition of the continuance 24 under supervision, require the minor to perform community 25 service for not less than 30 and not more than 120 hours, if 26 community service is available in the jurisdiction. The 27 community service shall include, but need not be limited to, 28 the cleanup and repair of the damage that was caused by the 29 alleged violation or similar damage to property located in 30 the municipality or county in which the alleged violation 31 occurred. The condition may be in addition to any other 32 condition. 33 (9) When a hearing in which a minor is alleged to be a 34 delinquent is continued under this Section, the court, before SB391 Engrossed -5- LRB9100332RCpc 1 continuing the case, shall make a finding whether the offense 2 alleged to have been committed either: (i) was related to or 3 in furtherance of the activities of an organized gang or was 4 motivated by the minor's membership in or allegiance to an 5 organized gang, or (ii) is a violation of paragraph (13) of 6 subsection (a) of Section 12-2 of the Criminal Code of 1961, 7 a violation of any Section of Article 24 of the Criminal Code 8 of 1961, or a violation of any statute that involved the 9 unlawful use of a firearm. If the court determines the 10 question in the affirmative the court shall, as a condition 11 of the continuance under supervision and as part of or in 12 addition to any other condition of the supervision, require 13 the minor to perform community service for not less than 30 14 hours nor more than 120 hours, provided that community 15 service is available in the jurisdiction and is funded and 16 approved by the county board of the county where the offense 17 was committed. The community service shall include, but need 18 not be limited to, the cleanup and repair of any damage 19 caused by an alleged violation of Section 21-1.3 of the 20 Criminal Code of 1961 and similar damage to property located 21 in the municipality or county in which the alleged violation 22 occurred. When possible and reasonable, the community 23 service shall be performed in the minor's neighborhood. For 24 the purposes of this Section, "organized gang" has the 25 meaning ascribed to it in Section 10 of the Illinois 26 Streetgang Terrorism Omnibus Prevention Act. 27 (10) The court shall impose upon a minor placed on 28 supervision, as a condition of the supervision, a fee of $25 29 for each month of supervision ordered by the court, unless 30 after determining the inability of the minor placed on 31 supervision to pay the fee, the court assesses a lesser 32 amount. The court may not impose the fee on a minor who is 33 made a ward of the State under this Act while the minor is in 34 placement. The fee shall be imposed only upon a minor who is SB391 Engrossed -6- LRB9100332RCpc 1 actively supervised by the probation and court services 2 department. A court may order the parent, guardian, or legal 3 custodian of the minor to pay some or all of the fee on the 4 minor's behalf. 5 (Source: P.A. 90-590, eff. 1-1-99.) 6 (705 ILCS 405/5-715) 7 Sec. 5-715. Probation. 8 (1) The period of probation or conditional discharge 9 shall not exceed 5 years or until the minor has attained the 10 age of 21 years, whichever is less, except as provided in 11 this Section for a minor who is found to be guilty for an 12 offense which is first degree murder, a Class X felony or a 13 forcible felony. The juvenile court may terminate probation 14 or conditional discharge and discharge the minor at any time 15 if warranted by the conduct of the minor and the ends of 16 justice; provided, however, that the period of probation for 17 a minor who is found to be guilty for an offense which is 18 first degree murder, a Class X felony, or a forcible felony 19 shall be at least 5 years. 20 (2) The court may as a condition of probation or of 21 conditional discharge require that the minor: 22 (a) not violate any criminal statute of any 23 jurisdiction; 24 (b) make a report to and appear in person before 25 any person or agency as directed by the court; 26 (c) work or pursue a course of study or vocational 27 training; 28 (d) undergo medical or psychiatric treatment, 29 rendered by a psychiatrist or psychological treatment 30 rendered by a clinical psychologist or social work 31 services rendered by a clinical social worker, or 32 treatment for drug addiction or alcoholism; 33 (e) attend or reside in a facility established for SB391 Engrossed -7- LRB9100332RCpc 1 the instruction or residence of persons on probation; 2 (f) support his or her dependents, if any; 3 (g) refrain from possessing a firearm or other 4 dangerous weapon, or an automobile; 5 (h) permit the probation officer to visit him or 6 her at his or her home or elsewhere; 7 (i) reside with his or her parents or in a foster 8 home; 9 (j) attend school; 10 (j-5) attend an educational program at a facility 11 other than the school in which the offense was committed 12 if he or she committed a crime of violence as defined in 13 Section 2 of the Crime Victims Compensation Act in a 14 school, on the real property comprising a school, or 15 within 1,000 feet of the real property comprising a 16 school; 17 (k) attend a non-residential program for youth; 18 (l) make restitution under the terms of subsection 19 (4) of Section 5-710; 20 (m) contribute to his or her own support at home or 21 in a foster home; 22 (n) perform some reasonable public or community 23 service; 24 (o) participate with community corrections programs 25 including unified delinquency intervention services 26 administered by the Department of Human Services subject 27 to Section 5 of the Children and Family Services Act; 28 (p) pay costs; 29 (q) serve a term of home confinement. In addition 30 to any other applicable condition of probation or 31 conditional discharge, the conditions of home confinement 32 shall be that the minor: 33 (i) remain within the interior premises of the 34 place designated for his or her confinement during SB391 Engrossed -8- LRB9100332RCpc 1 the hours designated by the court; 2 (ii) admit any person or agent designated by 3 the court into the minor's place of confinement at 4 any time for purposes of verifying the minor's 5 compliance with the conditions of his or her 6 confinement; and 7 (iii) use an approved electronic monitoring 8 device if ordered by the court subject to Article 8A 9 of Chapter V of the Unified Code of Corrections; 10 (r) refrain from entering into a designated 11 geographic area except upon terms as the court finds 12 appropriate. The terms may include consideration of the 13 purpose of the entry, the time of day, other persons 14 accompanying the minor, and advance approval by a 15 probation officer, if the minor has been placed on 16 probation, or advance approval by the court, if the minor 17 has been placed on conditional discharge; 18 (s) refrain from having any contact, directly or 19 indirectly, with certain specified persons or particular 20 types of persons, including but not limited to members of 21 street gangs and drug users or dealers; 22 (t) refrain from having in his or her body the 23 presence of any illicit drug prohibited by the Cannabis 24 Control Act or the Illinois Controlled Substances Act, 25 unless prescribed by a physician, and shall submit 26 samples of his or her blood or urine or both for tests to 27 determine the presence of any illicit drug; or 28 (u) comply with other conditions as may be ordered 29 by the court. 30 (3) The court may as a condition of probation or of 31 conditional discharge require that a minor found guilty on 32 any alcohol, cannabis, or controlled substance violation, 33 refrain from acquiring a driver's license during the period 34 of probation or conditional discharge. If the minor is in SB391 Engrossed -9- LRB9100332RCpc 1 possession of a permit or license, the court may require that 2 the minor refrain from driving or operating any motor vehicle 3 during the period of probation or conditional discharge, 4 except as may be necessary in the course of the minor's 5 lawful employment. 6 (4) A minor on probation or conditional discharge shall 7 be given a certificate setting forth the conditions upon 8 which he or she is being released. 9 (5) The court shall impose upon a minor placed on 10 probation or conditional discharge, as a condition of the 11 probation or conditional discharge, a fee of $25 for each 12 month of probation or conditional discharge supervision 13 ordered by the court, unless after determining the inability 14 of the minor placed on probation or conditional discharge to 15 pay the fee, the court assesses a lesser amount. The court 16 may not impose the fee on a minor who is made a ward of the 17 State under this Act while the minor is in placement. The 18 fee shall be imposed only upon a minor who is actively 19 supervised by the probation and court services department. 20 The court may order the parent, guardian, or legal custodian 21 of the minor to pay some or all of the fee on the minor's 22 behalf. 23 (6) The General Assembly finds that in order to protect 24 the public, the juvenile justice system must compel 25 compliance with the conditions of probation by responding to 26 violations with swift, certain, and fair punishments and 27 intermediate sanctions. The Chief Judge of each circuit 28 shall adopt a system of structured, intermediate sanctions 29 for violations of the terms and conditions of a sentence of 30 supervision, probation or conditional discharge, under this 31 Act. 32 The court shall provide as a condition of a disposition 33 of probation, conditional discharge, or supervision, that the 34 probation agency may invoke any sanction from the list of SB391 Engrossed -10- LRB9100332RCpc 1 intermediate sanctions adopted by the chief judge of the 2 circuit court for violations of the terms and conditions of 3 the sentence of probation, conditional discharge, or 4 supervision, subject to the provisions of Section 5-720 of 5 this Act. 6 (Source: P.A. 90-590, eff. 1-1-99.) 7 Section 10. The Unified Code of Corrections is amended 8 by changing Sections 5-6-3 and 5-6-3.1 as follows: 9 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) 10 Sec. 5-6-3. Conditions of Probation and of Conditional 11 Discharge. 12 (a) The conditions of probation and of conditional 13 discharge shall be that the person: 14 (1) not violate any criminal statute of any 15 jurisdiction; 16 (2) report to or appear in person before such 17 person or agency as directed by the court; 18 (3) refrain from possessing a firearm or other 19 dangerous weapon; 20 (4) not leave the State without the consent of the 21 court or, in circumstances in which the reason for the 22 absence is of such an emergency nature that prior consent 23 by the court is not possible, without the prior 24 notification and approval of the person's probation 25 officer; 26 (5) permit the probation officer to visit him at 27 his home or elsewhere to the extent necessary to 28 discharge his duties; 29 (6) perform no less than 30 hours of community 30 service and not more than 120 hours of community service, 31 if community service is available in the jurisdiction and 32 is funded and approved by the county board where the SB391 Engrossed -11- LRB9100332RCpc 1 offense was committed, where the offense was related to 2 or in furtherance of the criminal activities of an 3 organized gang and was motivated by the offender's 4 membership in or allegiance to an organized gang. The 5 community service shall include, but not be limited to, 6 the cleanup and repair of any damage caused by a 7 violation of Section 21-1.3 of the Criminal Code of 1961 8 and similar damage to property located within the 9 municipality or county in which the violation occurred. 10 When possible and reasonable, the community service 11 should be performed in the offender's neighborhood. For 12 purposes of this Section, "organized gang" has the 13 meaning ascribed to it in Section 10 of the Illinois 14 Streetgang Terrorism Omnibus Prevention Act; 15 (7) if he or she is at least 17 years of age and 16 has been sentenced to probation or conditional discharge 17 for a misdemeanor or felony in a county of 3,000,000 or 18 more inhabitants and has not been previously convicted of 19 a misdemeanor or felony, may be required by the 20 sentencing court to attend educational courses designed 21 to prepare the defendant for a high school diploma and to 22 work toward a high school diploma or to work toward 23 passing the high school level Test of General Educational 24 Development (GED) or to work toward completing a 25 vocational training program approved by the court. The 26 person on probation or conditional discharge must attend 27 a public institution of education to obtain the 28 educational or vocational training required by this 29 clause (7). The court shall revoke the probation or 30 conditional discharge of a person who wilfully fails to 31 comply with this clause (7). The person on probation or 32 conditional discharge shall be required to pay for the 33 cost of the educational courses or GED test, if a fee is 34 charged for those courses or test. The court shall SB391 Engrossed -12- LRB9100332RCpc 1 resentence the offender whose probation or conditional 2 discharge has been revoked as provided in Section 5-6-4. 3 This clause (7) does not apply to a person who has a high 4 school diploma or has successfully passed the GED test. 5 This clause (7) does not apply to a person who is 6 determined by the court to be developmentally disabled or 7 otherwise mentally incapable of completing the 8 educational or vocational program; and 9 (8) if convicted of possession of a substance 10 prohibited by the Cannabis Control Act or Illinois 11 Controlled Substances Act after a previous conviction or 12 disposition of supervision for possession of a substance 13 prohibited by the Cannabis Control Act or Illinois 14 Controlled Substances Act or after a sentence of 15 probation under Section 10 of the Cannabis Control Act or 16 Section 410 of the Illinois Controlled Substances Act and 17 upon a finding by the court that the person is addicted, 18 undergo treatment at a substance abuse program approved 19 by the court. 20 (b) The Court may in addition to other reasonable 21 conditions relating to the nature of the offense or the 22 rehabilitation of the defendant as determined for each 23 defendant in the proper discretion of the Court require that 24 the person: 25 (1) serve a term of periodic imprisonment under 26 Article 7 for a period not to exceed that specified in 27 paragraph (d) of Section 5-7-1; 28 (2) pay a fine and costs; 29 (3) work or pursue a course of study or vocational 30 training; 31 (4) undergo medical, psychological or psychiatric 32 treatment; or treatment for drug addiction or alcoholism; 33 (5) attend or reside in a facility established for 34 the instruction or residence of defendants on probation; SB391 Engrossed -13- LRB9100332RCpc 1 (6) support his dependents; 2 (7) and in addition, if a minor: 3 (i) reside with his parents or in a foster 4 home; 5 (ii) attend school; 6 (iii) attend a non-residential program for 7 youth; 8 (iv) contribute to his own support at home or 9 in a foster home; 10 (v) attend an educational program at a 11 facility other than the school in which the offense 12 was committed if he or she is convicted of a crime 13 of violence as defined in Section 2 of the Crime 14 Victims Compensation Act committed in a school, on 15 the real property comprising a school, or within 16 1,000 feet of the real property comprising a school; 17 18 (8) make restitution as provided in Section 5-5-6 19 of this Code; 20 (9) perform some reasonable public or community 21 service; 22 (10) serve a term of home confinement. In addition 23 to any other applicable condition of probation or 24 conditional discharge, the conditions of home confinement 25 shall be that the offender: 26 (i) remain within the interior premises of the 27 place designated for his confinement during the 28 hours designated by the court; 29 (ii) admit any person or agent designated by 30 the court into the offender's place of confinement 31 at any time for purposes of verifying the offender's 32 compliance with the conditions of his confinement; 33 and 34 (iii) if further deemed necessary by the court SB391 Engrossed -14- LRB9100332RCpc 1 or the Probation or Court Services Department, be 2 placed on an approved electronic monitoring device, 3 subject to Article 8A of Chapter V; 4 (iv) for persons convicted of any alcohol, 5 cannabis or controlled substance violation who are 6 placed on an approved monitoring device as a 7 condition of probation or conditional discharge, the 8 court shall impose a reasonable fee for each day of 9 the use of the device, as established by the county 10 board in subsection (g) of this Section, unless 11 after determining the inability of the offender to 12 pay the fee, the court assesses a lesser fee or no 13 fee as the case may be. This fee shall be imposed in 14 addition to the fees imposed under subsections (g) 15 and (i) of this Section. The fee shall be collected 16 by the clerk of the circuit court. The clerk of the 17 circuit court shall pay all monies collected from 18 this fee to the county treasurer for deposit in the 19 substance abuse services fund under Section 5-1086.1 20 of the Counties Code; and 21 (v) for persons convicted of offenses other 22 than those referenced in clause (iv) above and who 23 are placed on an approved monitoring device as a 24 condition of probation or conditional discharge, the 25 court shall impose a reasonable fee for each day of 26 the use of the device, as established by the county 27 board in subsection (g) of this Section, unless 28 after determining the inability of the defendant to 29 pay the fee, the court assesses a lesser fee or no 30 fee as the case may be. This fee shall be imposed 31 in addition to the fees imposed under subsections 32 (g) and (i) of this Section. The fee shall be 33 collected by the clerk of the circuit court. The 34 clerk of the circuit court shall pay all monies SB391 Engrossed -15- LRB9100332RCpc 1 collected from this fee to the county treasurer who 2 shall use the monies collected to defray the costs 3 of corrections. The county treasurer shall deposit 4 the fee collected in the county working cash fund 5 under Section 6-27001 or Section 6-29002 of the 6 Counties Code, as the case may be. 7 (11) comply with the terms and conditions of an 8 order of protection issued by the court pursuant to the 9 Illinois Domestic Violence Act of 1986, as now or 10 hereafter amended. A copy of the order of protection 11 shall be transmitted to the probation officer or agency 12 having responsibility for the case; 13 (12) reimburse any "local anti-crime program" as 14 defined in Section 7 of the Anti-Crime Advisory Council 15 Act for any reasonable expenses incurred by the program 16 on the offender's case, not to exceed the maximum amount 17 of the fine authorized for the offense for which the 18 defendant was sentenced; 19 (13) contribute a reasonable sum of money, not to 20 exceed the maximum amount of the fine authorized for the 21 offense for which the defendant was sentenced, to a 22 "local anti-crime program", as defined in Section 7 of 23 the Anti-Crime Advisory Council Act; 24 (14) refrain from entering into a designated 25 geographic area except upon such terms as the court finds 26 appropriate. Such terms may include consideration of the 27 purpose of the entry, the time of day, other persons 28 accompanying the defendant, and advance approval by a 29 probation officer, if the defendant has been placed on 30 probation or advance approval by the court, if the 31 defendant was placed on conditional discharge; 32 (15) refrain from having any contact, directly or 33 indirectly, with certain specified persons or particular 34 types of persons, including but not limited to members of SB391 Engrossed -16- LRB9100332RCpc 1 street gangs and drug users or dealers; 2 (16) refrain from having in his or her body the 3 presence of any illicit drug prohibited by the Cannabis 4 Control Act or the Illinois Controlled Substances Act, 5 unless prescribed by a physician, and submit samples of 6 his or her blood or urine or both for tests to determine 7 the presence of any illicit drug. 8 (c) The court may as a condition of probation or of 9 conditional discharge require that a person under 18 years of 10 age found guilty of any alcohol, cannabis or controlled 11 substance violation, refrain from acquiring a driver's 12 license during the period of probation or conditional 13 discharge. If such person is in possession of a permit or 14 license, the court may require that the minor refrain from 15 driving or operating any motor vehicle during the period of 16 probation or conditional discharge, except as may be 17 necessary in the course of the minor's lawful employment. 18 (d) An offender sentenced to probation or to conditional 19 discharge shall be given a certificate setting forth the 20 conditions thereof. 21 (e) The court shall not require as a condition of the 22 sentence of probation or conditional discharge that the 23 offender be committed to a period of imprisonment in excess 24 of 6 months. This 6 month limit shall not include periods of 25 confinement given pursuant to a sentence of county impact 26 incarceration under Section 5-8-1.2. 27 Persons committed to imprisonment as a condition of 28 probation or conditional discharge shall not be committed to 29 the Department of Corrections. 30 (f) The court may combine a sentence of periodic 31 imprisonment under Article 7 or a sentence to a county impact 32 incarceration program under Article 8 with a sentence of 33 probation or conditional discharge. 34 (g) An offender sentenced to probation or to conditional SB391 Engrossed -17- LRB9100332RCpc 1 discharge and who during the term of either undergoes 2 mandatory drug or alcohol testing, or both, or is assigned to 3 be placed on an approved electronic monitoring device, shall 4 be ordered to pay all costs incidental to such mandatory drug 5 or alcohol testing, or both, and all costs incidental to such 6 approved electronic monitoring in accordance with the 7 defendant's ability to pay those costs. The county board 8 with the concurrence of the Chief Judge of the judicial 9 circuit in which the county is located shall establish 10 reasonable fees for the cost of maintenance, testing, and 11 incidental expenses related to the mandatory drug or alcohol 12 testing, or both, and all costs incidental to approved 13 electronic monitoring, involved in a successful probation 14 program for the county. The concurrence of the Chief Judge 15 shall be in the form of an administrative order. The fees 16 shall be collected by the clerk of the circuit court. The 17 clerk of the circuit court shall pay all moneys collected 18 from these fees to the county treasurer who shall use the 19 moneys collected to defray the costs of drug testing, alcohol 20 testing, and electronic monitoring. The county treasurer 21 shall deposit the fees collected in the county working cash 22 fund under Section 6-27001 or Section 6-29002 of the Counties 23 Code, as the case may be. 24 (h) Jurisdiction over an offender may be transferred 25 from the sentencing court to the court of another circuit 26 with the concurrence of both courts. Further transfers or 27 retransfers of jurisdiction are also authorized in the same 28 manner. The court to which jurisdiction has been transferred 29 shall have the same powers as the sentencing court. 30 (i) The court shall impose upon an offender sentenced to 31 probation after January 1, 1989 or to conditional discharge 32 after January 1, 1992, as a condition of such probation or 33 conditional discharge, a fee of $25 for each month of 34 probation or conditional discharge supervision ordered by the SB391 Engrossed -18- LRB9100332RCpc 1 court, unless after determining the inability of the person 2 sentenced to probation or conditional discharge to pay the 3 fee, the court assesses a lesser fee. The court may not 4 impose the fee on a minor who is made a ward of the State 5 under the Juvenile Court Act of 1987 while the minor is in 6 placement. The fee shall be imposed only upon an offender who 7 is actively supervised by the probation and court services 8 department. The fee shall be collected by the clerk of the 9 circuit court. The clerk of the circuit court shall pay all 10 monies collected from this fee to the county treasurer for 11 deposit in the probation and court services fund under 12 Section 15.1 of the Probation and Probation Officers Act. 13 (j) All fines and costs imposed under this Section for 14 any violation of Chapters 3, 4, 6, and 11 of the Illinois 15 Vehicle Code, or a similar provision of a local ordinance, 16 and any violation of the Child Passenger Protection Act, or a 17 similar provision of a local ordinance, shall be collected 18 and disbursed by the circuit clerk as provided under Section 19 27.5 of the Clerks of Courts Act. 20 (Source: P.A. 89-198, eff. 7-21-95; 89-587, eff. 7-31-96; 21 89-688, eff. 6-1-97; 90-14, eff. 7-1-97; 90-399, eff. 1-1-98; 22 90-504, eff. 1-1-98; 90-655, eff. 7-30-98.) 23 (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1) 24 Sec. 5-6-3.1. Incidents and Conditions of Supervision. 25 (a) When a defendant is placed on supervision, the court 26 shall enter an order for supervision specifying the period of 27 such supervision, and shall defer further proceedings in the 28 case until the conclusion of the period. 29 (b) The period of supervision shall be reasonable under 30 all of the circumstances of the case, but may not be longer 31 than 2 years, unless the defendant has failed to pay the 32 assessment required by Section 10.3 of the Cannabis Control 33 Act or Section 411.2 of the Illinois Controlled Substances SB391 Engrossed -19- LRB9100332RCpc 1 Act, in which case the court may extend supervision beyond 2 2 years. Additionally, the court shall order the defendant to 3 perform no less than 30 hours of community service and not 4 more than 120 hours of community service, if community 5 service is available in the jurisdiction and is funded and 6 approved by the county board where the offense was committed, 7 when the offense (1) was related to or in furtherance of the 8 criminal activities of an organized gang or was motivated by 9 the defendant's membership in or allegiance to an organized 10 gang; or (2) is a violation of any Section of Article 24 of 11 the Criminal Code of 1961 where a disposition of supervision 12 is not prohibited by Section 5-6-1 of this Code. The 13 community service shall include, but not be limited to, the 14 cleanup and repair of any damage caused by violation of 15 Section 21-1.3 of the Criminal Code of 1961 and similar 16 damages to property located within the municipality or county 17 in which the violation occurred. Where possible and 18 reasonable, the community service should be performed in the 19 offender's neighborhood. 20 For the purposes of this Section, "organized gang" has 21 the meaning ascribed to it in Section 10 of the Illinois 22 Streetgang Terrorism Omnibus Prevention Act. 23 (c) The court may in addition to other reasonable 24 conditions relating to the nature of the offense or the 25 rehabilitation of the defendant as determined for each 26 defendant in the proper discretion of the court require that 27 the person: 28 (1) make a report to and appear in person before or 29 participate with the court or such courts, person, or 30 social service agency as directed by the court in the 31 order of supervision; 32 (2) pay a fine and costs; 33 (3) work or pursue a course of study or vocational 34 training; SB391 Engrossed -20- LRB9100332RCpc 1 (4) undergo medical, psychological or psychiatric 2 treatment; or treatment for drug addiction or alcoholism; 3 (5) attend or reside in a facility established for 4 the instruction or residence of defendants on probation; 5 (6) support his dependents; 6 (7) refrain from possessing a firearm or other 7 dangerous weapon; 8 (8) and in addition, if a minor: 9 (i) reside with his parents or in a foster 10 home; 11 (ii) attend school; 12 (iii) attend a non-residential program for 13 youth; 14 (iv) contribute to his own support at home or 15 in a foster home; orand16 (v) attend an educational program at a 17 facility other than the school in which the offense 18 was committed if he or she is placed on supervision 19 for a crime of violence as defined in Section 2 of 20 the Crime Victims Compensation Act committed in a 21 school, on the real property comprising a school, or 22 within 1,000 feet of the real property comprising a 23 school; 24 (9) make restitution or reparation in an amount not 25 to exceed actual loss or damage to property and pecuniary 26 loss or make restitution under Section 5-5-6 to a 27 domestic violence shelter. The court shall determine the 28 amount and conditions of payment; 29 (10) perform some reasonable public or community 30 service; 31 (11) comply with the terms and conditions of an 32 order of protection issued by the court pursuant to the 33 Illinois Domestic Violence Act of 1986. If the court has 34 ordered the defendant to make a report and appear in SB391 Engrossed -21- LRB9100332RCpc 1 person under paragraph (1) of this subsection, a copy of 2 the order of protection shall be transmitted to the 3 person or agency so designated by the court; 4 (12) reimburse any "local anti-crime program" as 5 defined in Section 7 of the Anti-Crime Advisory Council 6 Act for any reasonable expenses incurred by the program 7 on the offender's case, not to exceed the maximum amount 8 of the fine authorized for the offense for which the 9 defendant was sentenced; 10 (13) contribute a reasonable sum of money, not to 11 exceed the maximum amount of the fine authorized for the 12 offense for which the defendant was sentenced, to a 13 "local anti-crime program", as defined in Section 7 of 14 the Anti-Crime Advisory Council Act; 15 (14) refrain from entering into a designated 16 geographic area except upon such terms as the court finds 17 appropriate. Such terms may include consideration of the 18 purpose of the entry, the time of day, other persons 19 accompanying the defendant, and advance approval by a 20 probation officer; 21 (15) refrain from having any contact, directly or 22 indirectly, with certain specified persons or particular 23 types of person, 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 (d) The court shall defer entering any judgment on the 32 charges until the conclusion of the supervision. 33 (e) At the conclusion of the period of supervision, if 34 the court determines that the defendant has successfully SB391 Engrossed -22- LRB9100332RCpc 1 complied with all of the conditions of supervision, the court 2 shall discharge the defendant and enter a judgment dismissing 3 the charges. 4 (f) Discharge and dismissal upon a successful conclusion 5 of a disposition of supervision shall be deemed without 6 adjudication of guilt and shall not be termed a conviction 7 for purposes of disqualification or disabilities imposed by 8 law upon conviction of a crime. Two years after the 9 discharge and dismissal under this Section, unless the 10 disposition of supervision was for a violation of Sections 11 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois 12 Vehicle Code or a similar provision of a local ordinance, or 13 for a violation of Sections 12-3.2 or 16A-3 of the Criminal 14 Code of 1961, in which case it shall be 5 years after 15 discharge and dismissal, a person may have his record of 16 arrest sealed or expunged as may be provided by law. 17 However, any defendant placed on supervision before January 18 1, 1980, may move for sealing or expungement of his arrest 19 record, as provided by law, at any time after discharge and 20 dismissal under this Section. A person placed on supervision 21 for a sexual offense committed against a minor as defined in 22 subsection (g) of Section 5 of the Criminal Identification 23 Act or for a violation of Section 11-501 of the Illinois 24 Vehicle Code or a similar provision of a local ordinance 25 shall not have his or her record of arrest sealed or 26 expunged. 27 (g) A defendant placed on supervision and who during the 28 period of supervision undergoes mandatory drug or alcohol 29 testing, or both, or is assigned to be placed on an approved 30 electronic monitoring device, shall be ordered to pay the 31 costs incidental to such mandatory drug or alcohol testing, 32 or both, and costs incidental to such approved electronic 33 monitoring in accordance with the defendant's ability to pay 34 those costs. The county board with the concurrence of the SB391 Engrossed -23- LRB9100332RCpc 1 Chief Judge of the judicial circuit in which the county is 2 located shall establish reasonable fees for the cost of 3 maintenance, testing, and incidental expenses related to the 4 mandatory drug or alcohol testing, or both, and all costs 5 incidental to approved electronic monitoring, of all 6 defendants placed on supervision. The concurrence of the 7 Chief Judge shall be in the form of an administrative order. 8 The fees shall be collected by the clerk of the circuit 9 court. The clerk of the circuit court shall pay all moneys 10 collected from these fees to the county treasurer who shall 11 use the moneys collected to defray the costs of drug testing, 12 alcohol testing, and electronic monitoring. The county 13 treasurer shall deposit the fees collected in the county 14 working cash fund under Section 6-27001 or Section 6-29002 of 15 the Counties Code, as the case may be. 16 (h) A disposition of supervision is a final order for 17 the purposes of appeal. 18 (i) The court shall impose upon a defendant placed on 19 supervision after January 1, 1992, as a condition of 20 supervision, a fee of $25 for each month of supervision 21 ordered by the court, unless after determining the inability 22 of the person placed on supervision to pay the fee, the court 23 assesses a lesser fee. The court may not impose the fee on a 24 minor who is made a ward of the State under the Juvenile 25 Court Act of 1987 while the minor is in placement. The fee 26 shall be imposed only upon a defendant who is actively 27 supervised by the probation and court services department. 28 The fee shall be collected by the clerk of the circuit court. 29 The clerk of the circuit court shall pay all monies collected 30 from this fee to the county treasurer for deposit in the 31 probation and court services fund pursuant to Section 15.1 of 32 the Probation and Probation Officers Act. 33 (j) All fines and costs imposed under this Section for 34 any violation of Chapters 3, 4, 6, and 11 of the Illinois SB391 Engrossed -24- LRB9100332RCpc 1 Vehicle Code, or a similar provision of a local ordinance, 2 and any violation of the Child Passenger Protection Act, or a 3 similar provision of a local ordinance, shall be collected 4 and disbursed by the circuit clerk as provided under Section 5 27.5 of the Clerks of Courts Act. 6 (k) A defendant at least 17 years of age who is placed 7 on supervision for a misdemeanor in a county of 3,000,000 or 8 more inhabitants and who has not been previously convicted of 9 a misdemeanor or felony may as a condition of his or her 10 supervision be required by the court to attend educational 11 courses designed to prepare the defendant for a high school 12 diploma and to work toward a high school diploma or to work 13 toward passing the high school level Test of General 14 Educational Development (GED) or to work toward completing a 15 vocational training program approved by the court. The 16 defendant placed on supervision must attend a public 17 institution of education to obtain the educational or 18 vocational training required by this subsection (k). The 19 defendant placed on supervision shall be required to pay for 20 the cost of the educational courses or GED test, if a fee is 21 charged for those courses or test. The court shall revoke 22 the supervision of a person who wilfully fails to comply with 23 this subsection (k). The court shall resentence the 24 defendant upon revocation of supervision as provided in 25 Section 5-6-4. This subsection (k) does not apply to a 26 defendant who has a high school diploma or has successfully 27 passed the GED test. This subsection (k) does not apply to a 28 defendant who is determined by the court to be 29 developmentally disabled or otherwise mentally incapable of 30 completing the educational or vocational program. 31 (l) The court shall require a defendant placed on 32 supervision for possession of a substance prohibited by the 33 Cannabis Control Act or Illinois Controlled Substances Act 34 after a previous conviction or disposition of supervision for SB391 Engrossed -25- LRB9100332RCpc 1 possession of a substance prohibited by the Cannabis Control 2 Act or Illinois Controlled Substances Act or a sentence of 3 probation under Section 10 of the Cannabis Control Act or 4 Section 410 of the Illinois Controlled Substances Act and 5 after a finding by the court that the person is addicted, to 6 undergo treatment at a substance abuse program approved by 7 the court. 8 (m) The court shall require a defendant placed on 9 supervision for a violation of Section 3-707 of the Illinois 10 Vehicle Code or a similar provision of a local ordinance, as 11 a condition of supervision, to give proof of his or her 12 financial responsibility as defined in Section 7-315 of the 13 Illinois Vehicle Code. The proof shall be maintained by the 14 defendant in a manner satisfactory to the Secretary of State 15 for a minimum period of one year after the date the proof is 16 first filed. The Secretary of State shall suspend the 17 driver's license of any person determined by the Secretary to 18 be in violation of this subsection. 19 (Source: P.A. 89-198, eff. 7-21-95; 89-203, eff. 7-21-95; 20 89-626, eff. 8-9-96; 89-637, eff. 1-1-97; 89-688, eff. 21 6-1-97; 90-14, eff. 7-1-97; 90-399, eff. 1-1-98; 90-504, eff. 22 1-1-98; 90-655, eff. 7-30-98; 90-784, eff. 1-1-99.)