State of Illinois
92nd General Assembly
Legislation

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92_HB3155

 
                                               LRB9200642WHcs

 1        AN ACT concerning domestic violence.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  1.  Short  Title.  This  Act may be cited as the
 5    Uniform   Interstate   Enforcement    of    Domestic-Violence
 6    Protection Orders Act.

 7        Section 2.  Definitions. In this Act:
 8             (1)  "Foreign  protection  order" means a protection
 9        order issued by a tribunal of another state.
10             (2)  "Issuing state" means the state whose  tribunal
11        issues a protection order.
12             (3)  "Mutual   foreign  protection  order"  means  a
13        foreign protection  order  that  includes  provisions  in
14        favor   of   both   the   protected   individual  seeking
15        enforcement of the order and the respondent.
16             (4)  "Protected  individual"  means  an   individual
17        protected by a protection order.
18             (5)  "Protection order" means an injunction or other
19        order,  issued  by a tribunal under the domestic-violence
20        or family-violence laws of the issuing state, to  prevent
21        an  individual  from  engaging  in violent or threatening
22        acts against, harassment  of,  contact  or  communication
23        with, or physical proximity to, another individual.
24             (6)  "Respondent"  means the individual against whom
25        enforcement of a protection order is sought.
26             (7)  "State" means a state of the United States, the
27        District of Columbia,  Puerto  Rico,  the  United  States
28        Virgin  Islands,  or  any territory or insular possession
29        subject to the jurisdiction of  the  United  States.  The
30        term   includes   an   Indian  tribe  or  band  that  has
31        jurisdiction to issue protection orders.
 
                            -2-                LRB9200642WHcs
 1             (8)  "Tribunal" means  a  court,  agency,  or  other
 2        entity  authorized by law to issue or modify a protection
 3        order.

 4        Section 3.  Judicial Enforcement of Order.
 5        (a)  A person authorized by the law of this State to seek
 6    enforcement of a protection order may seek enforcement  of  a
 7    valid  foreign  protection order in a tribunal of this State.
 8    The tribunal shall enforce the terms of the order,  including
 9    terms that provide relief that a tribunal of this State would
10    lack  power  to  provide  but  for this Section. The tribunal
11    shall enforce the order, whether the order  was  obtained  by
12    independent  action  or  in  another  proceeding, if it is an
13    order issued in response to a complaint, petition, or  motion
14    filed by or on behalf of an individual seeking protection. In
15    a  proceeding  to  enforce  a  foreign  protection order, the
16    tribunal shall follow the procedures of this  State  for  the
17    enforcement of protection orders.
18        (b)  A tribunal of this State may not a enforce a foreign
19    protection  order  issued  by a tribunal of a state that does
20    not recognize the standing of a protected individual to  seek
21    enforcement of the order.
22        (c)  A   tribunal   of   this  State  shall  enforce  the
23    provisions of a valid foreign protection order  which  govern
24    custody and visitation, if the order was issued in accordance
25    with  the  jurisdictional requirements governing the issuance
26    of custody and visitation orders in the issuing state.
27        (d)  A tribunal of this State may not enforce under  this
28    Act a provision of a foreign protection order with respect to
29    support.
30        (e)  A foreign protection order is valid if it:
31             (1)  identifies  the  protected  individual  and the
32        respondent;
33             (2)  is currently in effect;
 
                            -3-                LRB9200642WHcs
 1             (3)  was issued by a tribunal that had  jurisdiction
 2        over  the parties and subject matter under the law of the
 3        issuing state; and
 4             (4)  was  issued  after  the  respondent  was  given
 5        reasonable notice and had  an  opportunity  to  be  heard
 6        before  the  tribunal issued the order or, in the case of
 7        an order ex parte, the respondent was  given  notice  and
 8        had  an  opportunity to be heard within a reasonable time
 9        after the order was issued, consistent with the rights of
10        the respondent to due process.
11        (e)  A foreign protection order  valid  on  its  face  is
12    prima facie evidence of its validity.
13        (f)  Absence  of  any  of  the criteria for validity of a
14    foreign protection order is  an  affirmative  defense  in  an
15    action seeking enforcement of the order.
16        (g)  A tribunal of this State may enforce provisions of a
17    mutual foreign protection order which favor a respondent only
18    if:
19             (1)  the respondent filed a written pleading seeking
20        a  protection  order  from  the  tribunal  of the issuing
21        state; and
22             (2)  the tribunal of the issuing state made specific
23        findings in favor of the respondent.

24        Section 4.  Nonjudicial Enforcement of Order.
25        (a)  A  law  enforcement  officer  of  this  State,  upon
26    determining that there is probable cause to  believe  that  a
27    valid  foreign protection order exists and that the order has
28    been violated, shall enforce the order  as  if  it  were  the
29    order  of  a  tribunal  of  this  State.  Presentation  of  a
30    protection   order   that   identifies   both  the  protected
31    individual and the respondent and, on its face, is  currently
32    in  effect constitutes probable cause to believe that a valid
33    foreign protection order exists. For  the  purposes  of  this
 
                            -4-                LRB9200642WHcs
 1    Section,  the protection order may be inscribed on a tangible
 2    medium or may have been stored  in  an  electronic  or  other
 3    medium if it is retrievable in perceivable form. Presentation
 4    of a certified copy of a protection order is not required for
 5    enforcement.
 6        (b)  If  a  foreign  protection order is not presented, a
 7    law enforcement officer of  this  State  may  consider  other
 8    information in determining whether there is probable cause to
 9    believe that a valid foreign protection order exists.
10        (c)  If   a   law   enforcement  officer  of  this  State
11    determines that an otherwise valid foreign  protection  order
12    cannot  be  enforced  because  the  respondent  has  not been
13    notified or served with the order, the officer  shall  inform
14    the  respondent  of  the  order,  make a reasonable effort to
15    serve the order upon the respondent, and allow the respondent
16    a reasonable opportunity to  comply  with  the  order  before
17    enforcing the order.
18        (d)  Registration  or filing of an order in this State is
19    not  required  for  the  enforcement  of  a   valid   foreign
20    protection order pursuant to this Act.

21        Section 5.  (Blank.)

22        Section  6.  Immunity. This State or a local governmental
23    agency, or a law enforcement officer,  prosecuting  attorney,
24    clerk  of  court, or any state or local governmental official
25    acting in an official capacity,  is  immune  from  civil  and
26    criminal  liability for an act or omission arising out of the
27    registration or enforcement of a foreign protection order  or
28    the  detention  or arrest of an alleged violator of a foreign
29    protection order if the act or  omission  was  done  in  good
30    faith in an effort to comply with this Act.

31        Section  7.  Other  Remedies.  A protected individual who
 
                            -5-                LRB9200642WHcs
 1    pursues  remedies  under  this  Act  is  not  precluded  from
 2    pursuing  other  legal  or  equitable  remedies  against  the
 3    respondent.

 4        Section 8.  Uniformity of Application  and  Construction.
 5    In  applying  and  construing this Uniform Act, consideration
 6    must be given to the need to promote uniformity  of  the  law
 7    with  respect  to  its subject matter among states that enact
 8    it.

 9        Section 9.  Severability Clause. If any provision of this
10    Act or its application to any person or circumstance is  held
11    invalid,  the  invalidity does not affect other provisions or
12    applications of this Act which can be  given  effect  without
13    the  invalid  provision  or  application, and to this end the
14    provisions of this Act are severable.

15        Section 10.  (Blank).

16        Section 11.  Transitional Provision. This Act applies  to
17    protection  orders  issued  before the effective date of this
18    Act and to continuing  actions  for  enforcement  of  foreign
19    protection orders commenced before the effective date of this
20    Act.  A request for enforcement of a foreign protection order
21    made  on  or  after  the  effective  date  of  this  Act  for
22    violations of a foreign protection order occurring before the
23    effective date of this Act is governed by this Act.

24        Section 11.1.  The Code of Criminal Procedure of 1963  is
25    amended  by  changing Sections 110-10, 112A-22.5, and 112A-28
26    as follows:

27        (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
28        Sec. 110-10.  Conditions of bail bond.
 
                            -6-                LRB9200642WHcs
 1        (a)  If a person is released prior to conviction,  either
 2    upon   payment  of  bail  security  or  on  his  or  her  own
 3    recognizance, the conditions of the bail bond shall  be  that
 4    he or she will:
 5             (1)  Appear to answer the charge in the court having
 6        jurisdiction  on  a day certain and thereafter as ordered
 7        by the court until  discharged  or  final  order  of  the
 8        court;
 9             (2)  Submit  himself  or  herself  to the orders and
10        process of the court;
11             (3)  Not depart this  State  without  leave  of  the
12        court;
13             (4)  Not   violate   any  criminal  statute  of  any
14        jurisdiction;
15             (5)  At a time and place designated  by  the  court,
16        surrender  all firearms in his or her possession to a law
17        enforcement officer  designated  by  the  court  to  take
18        custody  of and impound the firearms when the offense the
19        person has  been  charged  with  is  a  forcible  felony,
20        stalking,  aggravated  stalking,  domestic  battery,  any
21        violation  of  either  the Illinois Controlled Substances
22        Act or the Cannabis Control Act that is classified  as  a
23        Class  2  or  greater  felony, or any felony violation of
24        Article 24 of the Criminal Code of 1961; the  court  may,
25        however,  forgo the imposition of this condition when the
26        circumstances of the case clearly do not  warrant  it  or
27        when  its  imposition  would  be impractical; all legally
28        possessed firearms shall be returned to the  person  upon
29        that  person  completing a sentence for a conviction on a
30        misdemeanor domestic  battery,  upon  the  charges  being
31        dismissed,  or  if the person is found not guilty, unless
32        the finding of not guilty is by reason of insanity; and
33             (6)  At a time and place designated  by  the  court,
34        submit  to a psychological evaluation when the person has
 
                            -7-                LRB9200642WHcs
 1        been charged with a violation of item (4)  of  subsection
 2        (a) of Section 24-1 of the Criminal Code of 1961 and that
 3        violation  occurred  in  a  school  or  in any conveyance
 4        owned, leased, or contracted by  a  school  to  transport
 5        students  to or from school or a school-related activity,
 6        or on any public way within 1,000 feet of  real  property
 7        comprising any school.
 8        Psychological   evaluations   ordered  pursuant  to  this
 9    Section shall be completed promptly and made available to the
10    State, the defendant, and the court.  As a further  condition
11    of  bail under these circumstances, the court shall order the
12    defendant to refrain from entering upon the property  of  the
13    school, including any conveyance owned, leased, or contracted
14    by  a  school  to  transport  students to or from school or a
15    school-related activity, or on any public  way  within  1,000
16    feet of real property comprising any school.  Upon receipt of
17    the   psychological  evaluation,  either  the  State  or  the
18    defendant may request a change in  the  conditions  of  bail,
19    pursuant to Section 110-6 of this Code.  The court may change
20    the  conditions  of  bail  to  include a requirement that the
21    defendant follow the  recommendations  of  the  psychological
22    evaluation,  including undergoing psychiatric treatment.  The
23    conclusions  of  the   psychological   evaluation   and   any
24    statements   elicited   from   the   defendant   during   its
25    administration are not admissible as evidence of guilt during
26    the  course  of  any trial on the charged offense, unless the
27    defendant places his or her mental competency in issue.
28        (b)  The court may impose other conditions, such  as  the
29    following,  if  the  court  finds  that  such  conditions are
30    reasonably necessary to assure the defendant's appearance  in
31    court,  protect the public from the defendant, or prevent the
32    defendant's   unlawful   interference   with   the    orderly
33    administration of justice:
34             (1)  Report  to  or  appear  in  person  before such
 
                            -8-                LRB9200642WHcs
 1        person or agency as the court may direct;
 2             (2)  Refrain from  possessing  a  firearm  or  other
 3        dangerous weapon;
 4             (3)  Refrain  from approaching or communicating with
 5        particular persons or classes of persons;
 6             (4)  Refrain  from  going   to   certain   described
 7        geographical areas or premises;
 8             (5)  Refrain  from engaging in certain activities or
 9        indulging in intoxicating liquors or in certain drugs;
10             (6)  Undergo  treatment  for   drug   addiction   or
11        alcoholism;
12             (7)  Undergo medical or psychiatric treatment;
13             (8)  Work  or pursue a course of study or vocational
14        training;
15             (9)  Attend or reside in a  facility  designated  by
16        the court;
17             (10)  Support his or her dependents;
18             (11)  If  a minor resides with his or her parents or
19        in a foster home, attend school, attend a non-residential
20        program for youths, and contribute  to  his  or  her  own
21        support at home or in a foster home;
22             (12)  Observe any curfew ordered by the court;
23             (13)  Remain  in  the  custody  of  such  designated
24        person or organization agreeing to supervise his release.
25        Such  third  party  custodian  shall  be  responsible for
26        notifying the court if the defendant fails to observe the
27        conditions of release which the custodian has  agreed  to
28        monitor,  and  shall  be subject to contempt of court for
29        failure so to notify the court;
30             (14)  Be placed  under  direct  supervision  of  the
31        Pretrial  Services  Agency, Probation Department or Court
32        Services Department in a pretrial bond  home  supervision
33        capacity   with   or  without  the  use  of  an  approved
34        electronic monitoring device subject  to  Article  8A  of
 
                            -9-                LRB9200642WHcs
 1        Chapter V of the Unified Code of Corrections;
 2             (14.1)  The  court shall impose upon a defendant who
 3        is charged  with  any  alcohol,  cannabis  or  controlled
 4        substance   violation   and   is   placed   under  direct
 5        supervision of the Pretrial  Services  Agency,  Probation
 6        Department  or  Court  Services  Department in a pretrial
 7        bond  home  supervision  capacity  with  the  use  of  an
 8        approved monitoring device, as a condition of  such  bail
 9        bond,  a  fee  that  represents  costs  incidental to the
10        electronic  monitoring  for  each  day   of   such   bail
11        supervision   ordered   by   the   court,   unless  after
12        determining the inability of the  defendant  to  pay  the
13        fee,  the  court  assesses  a lesser fee or no fee as the
14        case may be.  The fee shall be collected by the clerk  of
15        the  circuit court.  The clerk of the circuit court shall
16        pay all monies collected from  this  fee  to  the  county
17        treasurer  for  deposit  in  the substance abuse services
18        fund under Section 5-1086.1 of the Counties Code;
19             (14.2)  The court shall impose upon all  defendants,
20        including  those  defendants  subject to paragraph (14.1)
21        above, placed under direct supervision  of  the  Pretrial
22        Services  Agency,  Probation Department or Court Services
23        Department in a pretrial bond home  supervision  capacity
24        with  the  use  of  an  approved  monitoring device, as a
25        condition of such bail bond, a fee which shall  represent
26        costs  incidental  to such electronic monitoring for each
27        day of such bail supervision ordered by the court, unless
28        after determining the inability of the defendant  to  pay
29        the fee, the court assesses a lesser fee or no fee as the
30        case  may be.  The fee shall be collected by the clerk of
31        the circuit court.  The clerk of the circuit court  shall
32        pay  all  monies  collected  from  this fee to the county
33        treasurer who shall use the monies  collected  to  defray
34        the  costs  of  corrections.   The county treasurer shall
 
                            -10-               LRB9200642WHcs
 1        deposit the fee collected in the county working cash fund
 2        under Section 6-27001 or Section  6-29002 of the Counties
 3        Code, as the case may be;
 4             (15)  Comply with the terms  and  conditions  of  an
 5        order  of  protection  issued  by  the  court  under  the
 6        Illinois  Domestic  Violence  Act  of  1986  or a foreign
 7        protection order (as defined in  the  Uniform  Interstate
 8        Enforcement  of  Domestic-Violence Protection Orders Act)
 9        an order of protection issued by  the  court  of  another
10        state, tribe, or United States territory;
11             (16)  Under   Section   110-6.5   comply   with  the
12        conditions of the drug testing program; and
13             (17)  Such other reasonable conditions as the  court
14        may impose.
15        (c)  When  a  person  is  charged  with  an offense under
16    Section  12-13,  12-14,  12-14.1,  12-15  or  12-16  of   the
17    "Criminal  Code  of  1961", involving a victim who is a minor
18    under 18 years of age living in the same household  with  the
19    defendant  at  the  time  of the offense, in granting bail or
20    releasing the defendant on his own  recognizance,  the  judge
21    shall impose conditions to restrict the defendant's access to
22    the  victim  which  may  include,  but  are  not  limited  to
23    conditions that he will:
24             1.  Vacate the Household.
25             2.  Make   payment   of  temporary  support  to  his
26        dependents.
27             3.  Refrain from contact or communication  with  the
28        child victim, except as ordered by the court.
29        (d)  When a person is charged with a criminal offense and
30    the  victim  is  a  family  or household member as defined in
31    Article 112A, conditions shall be imposed at the time of  the
32    defendant's  release  on  bond  that restrict the defendant's
33    access to the victim. Unless provided otherwise by the court,
34    the  restrictions  shall  include   requirements   that   the
 
                            -11-               LRB9200642WHcs
 1    defendant do the following:
 2             (1)  refrain  from contact or communication with the
 3        victim for a minimum period of  72  hours  following  the
 4        defendant's release; and
 5             (2)  refrain  from  entering  or  remaining  at  the
 6        victim's  residence  for  a  minimum  period  of 72 hours
 7        following the defendant's release.
 8        (e)  Local  law  enforcement   agencies   shall   develop
 9    standardized  bond forms for use in cases involving family or
10    household members  as  defined  in  Article  112A,  including
11    specific  conditions  of  bond as provided in subsection (d).
12    Failure of any law enforcement department to develop  or  use
13    those  forms  shall  in  no  way  limit the applicability and
14    enforcement of subsections (d) and (f).
15        (f)  If  the  defendant  is  admitted   to   bail   after
16    conviction  the  conditions of the bail bond shall be that he
17    will, in addition to the conditions set forth in  subsections
18    (a) and (b) hereof:
19             (1)  Duly prosecute his appeal;
20             (2)  Appear  at such time and place as the court may
21        direct;
22             (3)  Not depart this  State  without  leave  of  the
23        court;
24             (4)  Comply with such other reasonable conditions as
25        the court may impose; and,
26             (5)  If  the  judgment  is  affirmed  or  the  cause
27        reversed   and   remanded  for  a  new  trial,  forthwith
28        surrender to  the  officer  from  whose  custody  he  was
29        bailed.
30    (Source: P.A.   90-399,  eff.  1-1-98;  91-11,  eff.  6-4-99;
31    91-312, eff.  1-1-00;  91-696,  eff.  4-13-00;  91-903,  eff.
32    1-1-01.)

33        (725 ILCS 5/112A-22.5)
 
                            -12-               LRB9200642WHcs
 1        Sec.  112A-22.5.  Filing of a foreign protection order an
 2    order of protection issued in another state.
 3        (a)  A person entitled  to  protection  under  a  foreign
 4    protection  order  (as  defined  in  the  Uniform  Interstate
 5    Enforcement  of  Domestic-Violence  Protection Orders Act) an
 6    order of protection issued by the  court  of  another  state,
 7    tribe,  or  United States territory may file a certified copy
 8    of the foreign order of protection order with  the  clerk  of
 9    the  court in a judicial circuit in which the person believes
10    that enforcement may be necessary.
11        (b)  The clerk shall:
12             (1)  treat the foreign order of protection order  in
13        the  same  manner  as a judgment of the circuit court for
14        any  county  of  this  State  in  accordance   with   the
15        provisions   of   the   Uniform  Enforcement  of  Foreign
16        Judgments Act, except  that  the  clerk  shall  not  mail
17        notice  of  the filing of the foreign protection order to
18        the respondent named in the order; and
19             (2)  on  the  same  day  that  a  foreign  order  of
20        protection order is filed, file a certified copy of  that
21        order with the sheriff or other law enforcement officials
22        charged  with  maintaining  Department  of  State  Police
23        records as set forth in Section 112A-22 of this Act.
24        (c)  Neither  residence  in  this  State  nor filing of a
25    foreign order of  protection  order  shall  be  required  for
26    enforcement  of the order by this State.  Failure to file the
27    foreign order shall not be an impediment to its treatment  in
28    all  respects  as  an  Illinois  order  of protection nor its
29    enforcement  under  the  Uniform  Interstate  Enforcement  of
30    Domestic-Violence Protection Orders Act.
31        (d)  The clerk shall not charge a fee to file  a  foreign
32    order of protection order under this Section.
33        (e)  The  sheriff  shall  inform  the Department of State
34    Police as set forth in Section 112A-28 of this Act.
 
                            -13-               LRB9200642WHcs
 1    (Source: P.A. 91-903, eff. 1-1-01.)

 2        (725 ILCS 5/112A-28) (from Ch. 38, par. 112A-28)
 3        Sec.  112A-28.  Data  maintenance  by   law   enforcement
 4    agencies.
 5        (a)  All  sheriffs  shall  furnish  to  the Department of
 6    State Police, daily, in the form and  detail  the  Department
 7    requires,  copies of any recorded orders of protection issued
 8    by the court, and any foreign  orders  of  protection  orders
 9    filed  with by the clerk of the court, and transmitted to the
10    sheriff by the clerk of the court pursuant to subsection  (b)
11    of  Section  112A-22  of this Act. In this Section, "order of
12    protection" includes an order of protection  issued  in  this
13    State  and a foreign protection order filed with the clerk of
14    the court. Each order of protection shall be entered  in  the
15    Law  Enforcement  Automated Data System on the same day it is
16    issued by the court or filed with the clerk of the court.  If
17    an  emergency  order  of  protection was issued in accordance
18    with subsection (c) of Section 112A-17, the  order  shall  be
19    entered  in the Law Enforcement Automated Data System as soon
20    as possible after receipt from the clerk.
21        (b)  The Department of  State  Police  shall  maintain  a
22    complete  and  systematic  record  and index of all valid and
23    recorded orders of protection issued  or  filed  pursuant  to
24    this  Act.   The data shall be used to inform all dispatchers
25    and law enforcement officers  at  the  scene  of  an  alleged
26    incident  of  abuse or violation of an order of protection of
27    any recorded prior incident of  abuse  involving  the  abused
28    party and the effective dates and terms of any recorded order
29    of protection.
30        (c)  The  data,  records  and transmittals required under
31    this Section shall pertain to any valid emergency, interim or
32    plenary order of protection, whether issued  in  a  civil  or
33    criminal proceeding or issued by a tribunal as defined in the
 
                            -14-               LRB9200642WHcs
 1    Uniform    Interstate    Enforcement   of   Domestic-Violence
 2    Protection Orders Act authorized under the  laws  of  another
 3    state, tribe, or United States territory.
 4    (Source: P.A. 90-392, eff. 1-1-98; 91-903, eff. 1-1-01.)

 5        Section 11.2.  The Unified Code of Corrections is amended
 6    by changing Sections 3-3-7 and 5-6-3 as follows:

 7        (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
 8        Sec. 3-3-7.  Conditions of Parole or Mandatory Supervised
 9    Release.
10        (a)  The  conditions  of  parole  or mandatory supervised
11    release shall be such as  the  Prisoner  Review  Board  deems
12    necessary  to  assist  the  subject  in leading a law-abiding
13    life. The conditions of every parole and mandatory supervised
14    release are that the subject:
15             (1)  not  violate  any  criminal  statute   of   any
16        jurisdiction during the parole or release term; and
17             (2)  refrain  from  possessing  a  firearm  or other
18        dangerous weapon.
19        (b)  The  Board  may  in  addition  to  other  conditions
20    require that the subject:
21             (1)  work or pursue a course of study or  vocational
22        training;
23             (2)  undergo  medical  or  psychiatric treatment, or
24        treatment for drug addiction or alcoholism;
25             (3)  attend or reside in a facility established  for
26        the  instruction  or residence of persons on probation or
27        parole;
28             (4)  support his dependents;
29             (5)  report  to  an  agent  of  the  Department   of
30        Corrections;
31             (6)  permit  the  agent  to visit him at his home or
32        elsewhere  to  the  extent  necessary  to  discharge  his
 
                            -15-               LRB9200642WHcs
 1        duties;
 2             (7)  comply with the  terms  and  conditions  of  an
 3        order  of  protection  issued  pursuant  to  the Illinois
 4        Domestic Violence  Act  of  1986,  enacted  by  the  84th
 5        General  Assembly,  or  a  foreign  protection  order (as
 6        defined  in  the  Uniform   Interstate   Enforcement   of
 7        Domestic-Violence  Protection  Orders  Act)  an  order of
 8        protection issued by the court of another  state,  tribe,
 9        or United States territory.
10             (8)  and, in addition, if a minor:
11                  (i)  reside  with  his  parents  or in a foster
12             home;
13                  (ii)  attend school;
14                  (iii)  attend  a  non-residential  program  for
15             youth;
16                  (iv)  contribute to his own support at home  or
17             in a foster home.
18        (c)  The  conditions  under which the parole or mandatory
19    supervised release is to be served shall be  communicated  to
20    the person in writing prior to his release, and he shall sign
21    the  same  before release. A signed copy of these conditions,
22    including a copy of an order of protection where one had been
23    issued by the criminal court, shall be retained by the person
24    and another copy forwarded to the officer in  charge  of  his
25    supervision.
26        (d)  After  a  hearing  under Section 3-3-9, the Prisoner
27    Review  Board may modify or enlarge the conditions of  parole
28    or mandatory supervised release.
29        (e)  The  Department shall inform all offenders committed
30    to the Department of the optional services available to  them
31    upon  release and shall assist inmates in availing themselves
32    of such optional services upon their release on  a  voluntary
33    basis.
34    (Source: P.A. 91-903, eff. 1-1-01.)
 
                            -16-               LRB9200642WHcs
 1        (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
 2        Sec.  5-6-3.  Conditions  of Probation and of Conditional
 3    Discharge.
 4        (a)  The  conditions  of  probation  and  of  conditional
 5    discharge shall be that the person:
 6             (1)  not  violate  any  criminal  statute   of   any
 7        jurisdiction;
 8             (2)  report  to  or  appear  in  person  before such
 9        person or agency as directed by the court;
10             (3)  refrain from  possessing  a  firearm  or  other
11        dangerous weapon;
12             (4)  not  leave the State without the consent of the
13        court or, in circumstances in which the  reason  for  the
14        absence is of such an emergency nature that prior consent
15        by   the   court  is  not  possible,  without  the  prior
16        notification  and  approval  of  the  person's  probation
17        officer;
18             (5)  permit the probation officer to  visit  him  at
19        his   home  or  elsewhere  to  the  extent  necessary  to
20        discharge his duties;
21             (6)  perform no less  than  30  hours  of  community
22        service and not more than 120 hours of community service,
23        if community service is available in the jurisdiction and
24        is  funded  and  approved  by  the county board where the
25        offense was committed, where the offense was  related  to
26        or  in  furtherance  of  the  criminal  activities  of an
27        organized  gang  and  was  motivated  by  the  offender's
28        membership in or allegiance to an  organized  gang.   The
29        community  service  shall include, but not be limited to,
30        the  cleanup  and  repair  of  any  damage  caused  by  a
31        violation of Section 21-1.3 of the Criminal Code of  1961
32        and   similar  damage  to  property  located  within  the
33        municipality or county in which the  violation  occurred.
34        When  possible  and  reasonable,  the  community  service
 
                            -17-               LRB9200642WHcs
 1        should  be performed in the offender's neighborhood.  For
 2        purposes  of  this  Section,  "organized  gang"  has  the
 3        meaning ascribed to it in  Section  10  of  the  Illinois
 4        Streetgang Terrorism Omnibus Prevention Act;
 5             (7)  if  he  or  she is at least 17 years of age and
 6        has been sentenced to probation or conditional  discharge
 7        for  a  misdemeanor or felony in a county of 3,000,000 or
 8        more inhabitants and has not been previously convicted of
 9        a  misdemeanor  or  felony,  may  be  required   by   the
10        sentencing  court  to attend educational courses designed
11        to prepare the defendant for a high school diploma and to
12        work toward a high  school  diploma  or  to  work  toward
13        passing the high school level Test of General Educational
14        Development   (GED)   or  to  work  toward  completing  a
15        vocational training program approved by the  court.   The
16        person  on probation or conditional discharge must attend
17        a  public  institution  of  education   to   obtain   the
18        educational  or  vocational  training  required  by  this
19        clause  (7).   The  court  shall  revoke the probation or
20        conditional discharge of a person who wilfully  fails  to
21        comply  with this clause (7).  The person on probation or
22        conditional discharge shall be required to  pay  for  the
23        cost  of the educational courses or GED test, if a fee is
24        charged for those  courses  or  test.   The  court  shall
25        resentence  the  offender  whose probation or conditional
26        discharge has been revoked as provided in Section  5-6-4.
27        This clause (7) does not apply to a person who has a high
28        school  diploma  or has successfully passed the GED test.
29        This clause (7)  does  not  apply  to  a  person  who  is
30        determined by the court to be developmentally disabled or
31        otherwise    mentally   incapable   of   completing   the
32        educational or vocational program; and
33             (8)   if convicted  of  possession  of  a  substance
34        prohibited  by  the  Cannabis  Control  Act  or  Illinois
 
                            -18-               LRB9200642WHcs
 1        Controlled  Substances Act after a previous conviction or
 2        disposition of supervision for possession of a  substance
 3        prohibited  by  the  Cannabis  Control  Act  or  Illinois
 4        Controlled   Substances   Act  or  after  a  sentence  of
 5        probation under Section 10 of the Cannabis Control Act or
 6        Section 410 of the Illinois Controlled Substances Act and
 7        upon a finding by the court that the person is  addicted,
 8        undergo  treatment  at a substance abuse program approved
 9        by the court.
10        (b)  The  Court  may  in  addition  to  other  reasonable
11    conditions relating to the  nature  of  the  offense  or  the
12    rehabilitation  of  the  defendant  as  determined  for  each
13    defendant  in the proper discretion of the Court require that
14    the person:
15             (1)  serve a term  of  periodic  imprisonment  under
16        Article  7  for  a period not to exceed that specified in
17        paragraph (d) of Section 5-7-1;
18             (2)  pay a fine and costs;
19             (3)  work or pursue a course of study or  vocational
20        training;
21             (4)  undergo  medical,  psychological or psychiatric
22        treatment; or treatment for drug addiction or alcoholism;
23             (5)  attend or reside in a facility established  for
24        the instruction or residence of defendants on probation;
25             (6)  support his dependents;
26             (7)  and in addition, if a minor:
27                  (i)  reside  with  his  parents  or in a foster
28             home;
29                  (ii)  attend school;
30                  (iii)  attend  a  non-residential  program  for
31             youth;
32                  (iv)  contribute to his own support at home  or
33             in a foster home;
34             (8)  make  restitution  as provided in Section 5-5-6
 
                            -19-               LRB9200642WHcs
 1        of this Code;
 2             (9)  perform some  reasonable  public  or  community
 3        service;
 4             (10)  serve a term of home confinement.  In addition
 5        to   any  other  applicable  condition  of  probation  or
 6        conditional discharge, the conditions of home confinement
 7        shall be that the offender:
 8                  (i)  remain within the interior premises of the
 9             place designated  for  his  confinement  during  the
10             hours designated by the court;
11                  (ii)  admit  any  person or agent designated by
12             the court into the offender's place  of  confinement
13             at any time for purposes of verifying the offender's
14             compliance  with  the conditions of his confinement;
15             and
16                  (iii)  if further deemed necessary by the court
17             or the Probation or Court  Services  Department,  be
18             placed  on an approved electronic monitoring device,
19             subject to Article 8A of Chapter V;
20                  (iv)  for persons  convicted  of  any  alcohol,
21             cannabis  or  controlled substance violation who are
22             placed  on  an  approved  monitoring  device  as   a
23             condition of probation or conditional discharge, the
24             court  shall impose a reasonable fee for each day of
25             the use of the device, as established by the  county
26             board  in  subsection  (g)  of  this Section, unless
27             after determining the inability of the  offender  to
28             pay  the  fee, the court assesses a lesser fee or no
29             fee as the case may be. This fee shall be imposed in
30             addition to the fees imposed under  subsections  (g)
31             and  (i) of this Section. The fee shall be collected
32             by the clerk of the circuit court.  The clerk of the
33             circuit court shall pay all  monies  collected  from
34             this  fee to the county treasurer for deposit in the
 
                            -20-               LRB9200642WHcs
 1             substance abuse services fund under Section 5-1086.1
 2             of the Counties Code; and
 3                  (v)  for persons convicted  of  offenses  other
 4             than  those  referenced in clause (iv) above and who
 5             are placed on an approved  monitoring  device  as  a
 6             condition of probation or conditional discharge, the
 7             court  shall impose a reasonable fee for each day of
 8             the use of the device, as established by the  county
 9             board  in  subsection  (g)  of  this Section, unless
10             after determining the inability of the defendant  to
11             pay  the  fee, the court assesses a lesser fee or no
12             fee as the case may be.  This fee shall  be  imposed
13             in  addition  to  the fees imposed under subsections
14             (g) and (i) of  this  Section.   The  fee  shall  be
15             collected  by  the  clerk of the circuit court.  The
16             clerk of the circuit  court  shall  pay  all  monies
17             collected  from this fee to the county treasurer who
18             shall use the monies collected to defray  the  costs
19             of  corrections.  The county treasurer shall deposit
20             the fee collected in the county  working  cash  fund
21             under  Section  6-27001  or  Section  6-29002 of the
22             Counties Code, as the case may be.
23             (11)  comply with the terms  and  conditions  of  an
24        order  of  protection issued by the court pursuant to the
25        Illinois  Domestic  Violence  Act  of  1986,  as  now  or
26        hereafter amended, or  a  foreign  protection  order  (as
27        defined   in   the   Uniform  Interstate  Enforcement  of
28        Domestic-Violence Protection  Orders  Act)  an  order  of
29        protection  issued  by the court of another state, tribe,
30        or United States  territory.  A  copy  of  the  order  of
31        protection   or   foreign   protection   order  shall  be
32        transmitted to the probation  officer  or  agency  having
33        responsibility for the case;
34             (12)  reimburse  any  "local  anti-crime program" as
 
                            -21-               LRB9200642WHcs
 1        defined in Section 7 of the Anti-Crime  Advisory  Council
 2        Act  for  any reasonable expenses incurred by the program
 3        on the offender's case, not to exceed the maximum  amount
 4        of  the  fine  authorized  for  the offense for which the
 5        defendant was sentenced;
 6             (13)  contribute a reasonable sum of money,  not  to
 7        exceed  the maximum amount of the fine authorized for the
 8        offense for which  the  defendant  was  sentenced,  to  a
 9        "local  anti-crime  program",  as defined in Section 7 of
10        the Anti-Crime Advisory Council Act;
11             (14)  refrain  from  entering  into   a   designated
12        geographic area except upon such terms as the court finds
13        appropriate.  Such terms may include consideration of the
14        purpose of the entry, the  time  of  day,  other  persons
15        accompanying  the  defendant,  and  advance approval by a
16        probation officer, if the defendant has  been  placed  on
17        probation  or  advance  approval  by  the  court,  if the
18        defendant was placed on conditional discharge;
19             (15)  refrain from having any contact,  directly  or
20        indirectly,  with certain specified persons or particular
21        types of persons, including but not limited to members of
22        street gangs and drug users or dealers;
23             (16)  refrain from having in his  or  her  body  the
24        presence  of  any illicit drug prohibited by the Cannabis
25        Control Act or the Illinois  Controlled  Substances  Act,
26        unless  prescribed  by a physician, and submit samples of
27        his or her blood or urine or both for tests to  determine
28        the presence of any illicit drug.
29        (c)  The  court  may  as  a  condition of probation or of
30    conditional discharge require that a person under 18 years of
31    age found guilty  of  any  alcohol,  cannabis  or  controlled
32    substance   violation,  refrain  from  acquiring  a  driver's
33    license  during  the  period  of  probation  or   conditional
34    discharge.   If  such  person is in possession of a permit or
 
                            -22-               LRB9200642WHcs
 1    license, the court may require that the  minor  refrain  from
 2    driving  or  operating any motor vehicle during the period of
 3    probation  or  conditional  discharge,  except  as   may   be
 4    necessary in the course of the minor's lawful employment.
 5        (d)  An offender sentenced to probation or to conditional
 6    discharge  shall  be  given  a  certificate setting forth the
 7    conditions thereof.
 8        (e)  The court shall not require as a  condition  of  the
 9    sentence  of  probation  or  conditional  discharge  that the
10    offender be committed to a period of imprisonment  in  excess
11    of 6 months.  This 6 month limit shall not include periods of
12    confinement  given  pursuant  to  a sentence of county impact
13    incarceration under Section 5-8-1.2.
14        Persons committed  to  imprisonment  as  a  condition  of
15    probation  or conditional discharge shall not be committed to
16    the Department of Corrections.
17        (f)  The  court  may  combine  a  sentence  of   periodic
18    imprisonment under Article 7 or a sentence to a county impact
19    incarceration  program  under  Article  8  with a sentence of
20    probation or conditional discharge.
21        (g)  An offender sentenced to probation or to conditional
22    discharge  and  who  during  the  term  of  either  undergoes
23    mandatory drug or alcohol testing, or both, or is assigned to
24    be placed on an approved electronic monitoring device,  shall
25    be ordered to pay all costs incidental to such mandatory drug
26    or alcohol testing, or both, and all costs incidental to such
27    approved   electronic   monitoring  in  accordance  with  the
28    defendant's ability to pay those  costs.   The  county  board
29    with  the  concurrence  of  the  Chief  Judge of the judicial
30    circuit in  which  the  county  is  located  shall  establish
31    reasonable  fees  for  the  cost of maintenance, testing, and
32    incidental expenses related to the mandatory drug or  alcohol
33    testing,  or  both,  and  all  costs  incidental  to approved
34    electronic monitoring, involved  in  a  successful  probation
 
                            -23-               LRB9200642WHcs
 1    program  for  the county.  The concurrence of the Chief Judge
 2    shall be in the form of an  administrative  order.  The  fees
 3    shall  be  collected  by the clerk of the circuit court.  The
 4    clerk of the circuit court shall  pay  all  moneys  collected
 5    from  these  fees  to  the county treasurer who shall use the
 6    moneys collected to defray the costs of drug testing, alcohol
 7    testing, and  electronic  monitoring.  The  county  treasurer
 8    shall  deposit  the fees collected in the county working cash
 9    fund under Section 6-27001 or Section 6-29002 of the Counties
10    Code, as the case may be.
11        (h)  Jurisdiction over an  offender  may  be  transferred
12    from  the  sentencing  court  to the court of another circuit
13    with the concurrence of both  courts,  or  to  another  state
14    under   an   Interstate  Probation  Reciprocal  Agreement  as
15    provided in Section 3-3-11.  Further transfers or retransfers
16    of jurisdiction are also authorized in the same manner.   The
17    court  to  which jurisdiction has been transferred shall have
18    the same powers as the sentencing court.
19        (i)  The court shall impose upon an offender sentenced to
20    probation after January 1, 1989 or to  conditional  discharge
21    after  January  1,  1992, as a condition of such probation or
22    conditional discharge,  a  fee  of  $25  for  each  month  of
23    probation or conditional discharge supervision ordered by the
24    court,  unless  after determining the inability of the person
25    sentenced to probation or conditional discharge  to  pay  the
26    fee,  the  court  assesses  a  lesser  fee. The court may not
27    impose the fee on a minor who is made a  ward  of  the  State
28    under  the  Juvenile  Court Act of 1987 while the minor is in
29    placement. The fee shall be imposed only upon an offender who
30    is actively supervised by the probation  and  court  services
31    department.   The  fee shall be collected by the clerk of the
32    circuit court.  The clerk of the circuit court shall pay  all
33    monies  collected  from  this fee to the county treasurer for
34    deposit in  the  probation  and  court  services  fund  under
 
                            -24-               LRB9200642WHcs
 1    Section 15.1 of the Probation and Probation Officers Act.
 2        (j)  All  fines  and costs imposed under this Section for
 3    any violation of Chapters 3, 4, 6, and  11  of  the  Illinois
 4    Vehicle  Code,  or  a similar provision of a local ordinance,
 5    and any violation of the Child Passenger Protection Act, or a
 6    similar provision of a local ordinance,  shall  be  collected
 7    and  disbursed by the circuit clerk as provided under Section
 8    27.5 of the Clerks of Courts Act.
 9    (Source: P.A.  90-14,  eff.  7-1-97;  90-399,  eff.   1-1-98;
10    90-504,  eff.  1-1-98;  90-655,  eff.  7-30-98;  91-325, eff.
11    7-29-99; 91-696, eff. 4-13-00; 91-903, eff. 1-1-01.)

12        (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
13        Sec. 5-6-3.1.  Incidents and Conditions of Supervision.
14        (a)  When a defendant is placed on supervision, the court
15    shall enter an order for supervision specifying the period of
16    such supervision, and shall defer further proceedings in  the
17    case until the conclusion of the period.
18        (b)  The  period of supervision shall be reasonable under
19    all of the circumstances of the case, but may not  be  longer
20    than  2  years,  unless  the  defendant has failed to pay the
21    assessment required by Section 10.3 of the  Cannabis  Control
22    Act  or  Section  411.2 of the Illinois Controlled Substances
23    Act, in which case the court may extend supervision beyond  2
24    years.  Additionally,  the court shall order the defendant to
25    perform no less than 30 hours of community  service  and  not
26    more  than  120  hours  of  community  service,  if community
27    service is available in the jurisdiction and  is  funded  and
28    approved by the county board where the offense was committed,
29    when  the offense (1) was related to or in furtherance of the
30    criminal activities of an organized gang or was motivated  by
31    the  defendant's  membership in or allegiance to an organized
32    gang; or (2) is a violation of any Section of Article  24  of
33    the  Criminal Code of 1961 where a disposition of supervision
 
                            -25-               LRB9200642WHcs
 1    is  not  prohibited  by  Section  5-6-1  of  this  Code.  The
 2    community service shall include, but not be limited  to,  the
 3    cleanup  and  repair  of  any  damage  caused by violation of
 4    Section 21-1.3 of the  Criminal  Code  of  1961  and  similar
 5    damages to property located within the municipality or county
 6    in   which   the  violation  occurred.   Where  possible  and
 7    reasonable, the community service should be performed in  the
 8    offender's neighborhood.
 9        For  the  purposes  of this Section, "organized gang" has
10    the meaning ascribed to it in  Section  10  of  the  Illinois
11    Streetgang Terrorism Omnibus Prevention Act.
12        (c)  The  court  may  in  addition  to  other  reasonable
13    conditions  relating  to  the  nature  of  the offense or the
14    rehabilitation  of  the  defendant  as  determined  for  each
15    defendant in the proper discretion of the court require  that
16    the person:
17             (1)  make a report to and appear in person before or
18        participate  with  the  court  or such courts, person, or
19        social service agency as directed by  the  court  in  the
20        order of supervision;
21             (2)  pay a fine and costs;
22             (3)  work  or pursue a course of study or vocational
23        training;
24             (4)  undergo medical, psychological  or  psychiatric
25        treatment; or treatment for drug addiction or alcoholism;
26             (5)  attend  or reside in a facility established for
27        the instruction or residence of defendants on probation;
28             (6)  support his dependents;
29             (7)  refrain from  possessing  a  firearm  or  other
30        dangerous weapon;
31             (8)  and in addition, if a minor:
32                  (i)  reside  with  his  parents  or in a foster
33             home;
34                  (ii)  attend school;
 
                            -26-               LRB9200642WHcs
 1                  (iii)  attend  a  non-residential  program  for
 2             youth;
 3                  (iv)  contribute to his own support at home  or
 4             in a foster home; and
 5             (9)  make restitution or reparation in an amount not
 6        to exceed actual loss or damage to property and pecuniary
 7        loss  or  make  restitution  under  Section  5-5-6  to  a
 8        domestic violence shelter.  The court shall determine the
 9        amount and conditions of payment;
10             (10)  perform  some  reasonable  public or community
11        service;
12             (11)  comply with the terms  and  conditions  of  an
13        order  of  protection issued by the court pursuant to the
14        Illinois Domestic Violence  Act  of  1986  or  a  foreign
15        protection  order  (as  defined in the Uniform Interstate
16        Enforcement of Domestic-Violence Protection  Orders  Act)
17        an  order  of  protection  issued by the court of another
18        state, tribe, or United States territory.  If  the  court
19        has  ordered the defendant to make a report and appear in
20        person under paragraph (1) of this subsection, a copy  of
21        the order of protection or foreign protection order shall
22        be  transmitted  to the person or agency so designated by
23        the court;
24             (12)  reimburse any "local  anti-crime  program"  as
25        defined  in  Section 7 of the Anti-Crime Advisory Council
26        Act for any reasonable expenses incurred by  the  program
27        on  the offender's case, not to exceed the maximum amount
28        of the fine authorized for  the  offense  for  which  the
29        defendant was sentenced;
30             (13)  contribute  a  reasonable sum of money, not to
31        exceed the maximum amount of the fine authorized for  the
32        offense  for  which  the  defendant  was  sentenced, to a
33        "local anti-crime program", as defined in  Section  7  of
34        the Anti-Crime Advisory Council Act;
 
                            -27-               LRB9200642WHcs
 1             (14)  refrain   from   entering  into  a  designated
 2        geographic area except upon such terms as the court finds
 3        appropriate.  Such terms may include consideration of the
 4        purpose of the entry, the  time  of  day,  other  persons
 5        accompanying  the  defendant,  and  advance approval by a
 6        probation officer;
 7             (15)  refrain from having any contact,  directly  or
 8        indirectly,  with certain specified persons or particular
 9        types of person, including but not limited to members  of
10        street gangs and drug users or dealers;
11             (16)  refrain  from  having  in  his or her body the
12        presence of any illicit drug prohibited by  the  Cannabis
13        Control  Act  or  the Illinois Controlled Substances Act,
14        unless prescribed by a physician, and submit  samples  of
15        his  or her blood or urine or both for tests to determine
16        the presence of any illicit drug;
17             (17)  refrain from operating any motor  vehicle  not
18        equipped  with an ignition interlock device as defined in
19        Section 1-129.1 of the Illinois Vehicle Code.  Under this
20        condition the court may allow  a  defendant  who  is  not
21        self-employed   to   operate   a  vehicle  owned  by  the
22        defendant's  employer  that  is  not  equipped  with   an
23        ignition  interlock device in the course and scope of the
24        defendant's employment.
25        (d)  The court shall defer entering any judgment  on  the
26    charges until the conclusion of the supervision.
27        (e)  At  the  conclusion of the period of supervision, if
28    the court determines  that  the  defendant  has  successfully
29    complied with all of the conditions of supervision, the court
30    shall discharge the defendant and enter a judgment dismissing
31    the charges.
32        (f)  Discharge and dismissal upon a successful conclusion
33    of  a  disposition  of  supervision  shall  be deemed without
34    adjudication of guilt and shall not be  termed  a  conviction
 
                            -28-               LRB9200642WHcs
 1    for  purposes  of disqualification or disabilities imposed by
 2    law  upon  conviction  of  a  crime.   Two  years  after  the
 3    discharge  and  dismissal  under  this  Section,  unless  the
 4    disposition of supervision was for a  violation  of  Sections
 5    3-707,  3-708,  3-710,  5-401.3,  or  11-503  of the Illinois
 6    Vehicle Code or a similar provision of a local ordinance,  or
 7    for  a  violation of Sections 12-3.2 or 16A-3 of the Criminal
 8    Code of 1961, in  which  case  it  shall  be  5  years  after
 9    discharge  and  dismissal,  a  person  may have his record of
10    arrest  sealed  or  expunged  as  may  be  provided  by  law.
11    However, any defendant placed on supervision  before  January
12    1,  1980,  may  move for sealing or expungement of his arrest
13    record, as provided by law, at any time after  discharge  and
14    dismissal  under this Section. A person placed on supervision
15    for a sexual offense committed against a minor as defined  in
16    subsection  (g)  of  Section 5 of the Criminal Identification
17    Act or for a violation of  Section  11-501  of  the  Illinois
18    Vehicle  Code  or  a  similar  provision of a local ordinance
19    shall not  have  his  or  her  record  of  arrest  sealed  or
20    expunged.
21        (g)  A defendant placed on supervision and who during the
22    period  of  supervision  undergoes  mandatory drug or alcohol
23    testing, or both, or is assigned to be placed on an  approved
24    electronic  monitoring  device,  shall  be ordered to pay the
25    costs incidental to such mandatory drug or  alcohol  testing,
26    or  both,  and  costs  incidental to such approved electronic
27    monitoring in accordance with the defendant's ability to  pay
28    those  costs.  The  county  board with the concurrence of the
29    Chief Judge of the judicial circuit in which  the  county  is
30    located  shall  establish  reasonable  fees  for  the cost of
31    maintenance, testing, and incidental expenses related to  the
32    mandatory  drug  or  alcohol  testing, or both, and all costs
33    incidental  to  approved  electronic   monitoring,   of   all
34    defendants  placed  on  supervision.   The concurrence of the
 
                            -29-               LRB9200642WHcs
 1    Chief Judge shall be in the form of an administrative  order.
 2    The  fees  shall  be  collected  by  the clerk of the circuit
 3    court.  The clerk of the circuit court shall pay  all  moneys
 4    collected  from  these fees to the county treasurer who shall
 5    use the moneys collected to defray the costs of drug testing,
 6    alcohol  testing,  and  electronic  monitoring.  The   county
 7    treasurer  shall  deposit  the  fees  collected in the county
 8    working cash fund under Section 6-27001 or Section 6-29002 of
 9    the Counties Code, as the case may be.
10        (h)  A disposition of supervision is a  final  order  for
11    the purposes of appeal.
12        (i)  The  court  shall  impose upon a defendant placed on
13    supervision  after  January  1,  1992,  as  a  condition   of
14    supervision,  a  fee  of  $25  for  each month of supervision
15    ordered by the court, unless after determining the  inability
16    of the person placed on supervision to pay the fee, the court
17    assesses  a lesser fee. The court may not impose the fee on a
18    minor who is made a ward of  the  State  under  the  Juvenile
19    Court  Act  of 1987 while the minor is in placement.  The fee
20    shall be imposed  only  upon  a  defendant  who  is  actively
21    supervised  by  the  probation and court services department.
22    The fee shall be collected by the clerk of the circuit court.
23    The clerk of the circuit court shall pay all monies collected
24    from this fee to the county  treasurer  for  deposit  in  the
25    probation and court services fund pursuant to Section 15.1 of
26    the Probation and Probation Officers Act.
27        (j)  All  fines  and costs imposed under this Section for
28    any violation of Chapters 3, 4, 6, and  11  of  the  Illinois
29    Vehicle  Code,  or  a similar provision of a local ordinance,
30    and any violation of the Child Passenger Protection Act, or a
31    similar provision of a local ordinance,  shall  be  collected
32    and  disbursed by the circuit clerk as provided under Section
33    27.5 of the Clerks of Courts Act.
34        (k)  A defendant at least 17 years of age who  is  placed
 
                            -30-               LRB9200642WHcs
 1    on  supervision for a misdemeanor in a county of 3,000,000 or
 2    more inhabitants and who has not been previously convicted of
 3    a misdemeanor or felony may as a  condition  of  his  or  her
 4    supervision  be  required  by the court to attend educational
 5    courses designed to prepare the defendant for a  high  school
 6    diploma  and  to work toward a high school diploma or to work
 7    toward  passing  the  high  school  level  Test  of   General
 8    Educational  Development (GED) or to work toward completing a
 9    vocational training  program  approved  by  the  court.   The
10    defendant   placed   on  supervision  must  attend  a  public
11    institution  of  education  to  obtain  the  educational   or
12    vocational  training  required  by  this subsection (k).  The
13    defendant placed on supervision shall be required to pay  for
14    the  cost of the educational courses or GED test, if a fee is
15    charged for those courses or test.  The  court  shall  revoke
16    the supervision of a person who wilfully fails to comply with
17    this   subsection   (k).   The  court  shall  resentence  the
18    defendant upon  revocation  of  supervision  as  provided  in
19    Section  5-6-4.   This  subsection  (k)  does  not apply to a
20    defendant who has a high school diploma or  has  successfully
21    passed  the GED test. This subsection (k) does not apply to a
22    defendant  who   is   determined   by   the   court   to   be
23    developmentally  disabled  or otherwise mentally incapable of
24    completing the educational or vocational program.
25        (l)   The court  shall  require  a  defendant  placed  on
26    supervision  for  possession of a substance prohibited by the
27    Cannabis Control Act or Illinois  Controlled  Substances  Act
28    after a previous conviction or disposition of supervision for
29    possession  of a substance prohibited by the Cannabis Control
30    Act or Illinois Controlled Substances Act or  a  sentence  of
31    probation  under  Section  10  of the Cannabis Control Act or
32    Section 410 of the Illinois  Controlled  Substances  Act  and
33    after  a finding by the court that the person is addicted, to
34    undergo treatment at a substance abuse  program  approved  by
 
                            -31-               LRB9200642WHcs
 1    the court.
 2        (m)  The  court  shall  require  a  defendant  placed  on
 3    supervision  for a violation of Section 3-707 of the Illinois
 4    Vehicle Code or a similar provision of a local ordinance,  as
 5    a  condition  of  supervision,  to  give  proof of his or her
 6    financial responsibility as defined in Section 7-315  of  the
 7    Illinois  Vehicle Code.  The proof shall be maintained by the
 8    defendant in a manner satisfactory to the Secretary of  State
 9    for  a minimum period of one year after the date the proof is
10    first filed.   The  Secretary  of  State  shall  suspend  the
11    driver's license of any person determined by the Secretary to
12    be in violation of this subsection.
13    (Source: P.A.   90-14,  eff.  7-1-97;  90-399,  eff.  1-1-98;
14    90-504, eff.  1-1-98;  90-655,  eff.  7-30-98;  90-784,  eff.
15    1-1-99;  91-127,  eff.  1-1-00; 91-696, eff. 4-13-00; 91-903,
16    eff. 1-1-01.)

17        Section 11.3.  The Code of Civil Procedure is amended  by
18    changing Sections 12-652, 12-653, and 12-655 as follows:

19        (735 ILCS 5/12-652) (from Ch. 110, par. 12-652)
20        Sec. 12-652.  Filing and Status of Foreign Judgments.
21        (a)  A  copy  of  any  foreign  judgment authenticated in
22    accordance with the acts of Congress or the statutes of  this
23    State may be filed in the office of the circuit clerk for any
24    county  of  this  State.   The  clerk shall treat the foreign
25    judgment in the same manner as  a  judgment  of  the  circuit
26    court  for any county of this State.  A judgment so filed has
27    the same effect  and  is  subject  to  the  same  procedures,
28    defenses  and proceedings for reopening, vacating, or staying
29    as a judgment of a circuit court for any county of this State
30    and may be enforced or satisfied in like manner.
31        (b)  A foreign judgment or lien arising by  operation  of
32    law,  and  resulting  from  an  order requiring child support
 
                            -32-               LRB9200642WHcs
 1    payments shall be entitled to full faith and credit  in  this
 2    State,  shall  be  enforceable  in  the  same  manner  as any
 3    judgment or lien  of  this  State  resulting  from  an  order
 4    requiring  child  support payments, and shall not be required
 5    to be filed with the office  of  the  circuit  clerk  in  any
 6    county  of  this  State,  except  as provided for in Sections
 7    10-25 and 10-25.5 of the Illinois Public Aid Code.
 8        (c)  A  foreign  protection  order  (as  defined  in  the
 9    Uniform   Interstate   Enforcement    of    Domestic-Violence
10    Protection  Orders  Act)  order  of  protection issued by the
11    court of another state, tribe, or United States territory  is
12    entitled   to  full  faith  and  credit  in  this  State,  is
13    enforceable in the same manner as  any  order  of  protection
14    issued  by  a circuit court for any county of this State, and
15    may be filed with the circuit clerk in  any  county  of  this
16    State  as  provided in Section 222.5 of the Illinois Domestic
17    Violence Act of 1986 or Section 22.5 of the Code of  Criminal
18    Procedure  of 1963. A foreign order of protection order shall
19    not be required to be filed with  the  circuit  clerk  to  be
20    entitled   to  full  faith  and  credit  in  this  State  and
21    enforcement  under  the  Uniform  Interstate  Enforcement  of
22    Domestic-Violence Protection Orders Act.
23    (Source: P.A. 90-18, eff. 7-1-97; 91-903, eff. 1-1-01.)

24        (735 ILCS 5/12-653) (from Ch. 110, par. 12-653)
25        Sec. 12-653.  Notice of Filing.
26        (a)  At the time of the filing of the  foreign  judgment,
27    the  judgment creditor or his lawyer shall make and file with
28    the circuit clerk an affidavit setting  forth  the  name  and
29    last  known  post  office address of the judgment debtor, and
30    the judgment creditor.
31        (b)  Promptly upon  the  filing  of  a  foreign  judgment
32    (other  than  a  foreign  order  of protection order) and the
33    affidavit, the clerk shall mail notice of the filing  of  the
 
                            -33-               LRB9200642WHcs
 1    foreign  judgment to the judgment debtor at the address given
 2    and shall make a note of the  mailing  in  the  docket.   The
 3    notice  shall include the name and post office address of the
 4    judgment creditor and the judgment creditor's lawyer, if any,
 5    in this State.  In addition, the judgment creditor may mail a
 6    notice of the filing of the judgment to the  judgment  debtor
 7    and  may  file  proof  of  mailing  with  the clerk.  Lack of
 8    mailing notice of filing by the clerk shall  not  affect  the
 9    enforcement  proceedings  if proof of mailing by the judgment
10    creditor has been filed.
11        (c)  The clerk shall not mail notice of the filing  of  a
12    foreign  order of protection order to the respondent named in
13    the order.
14    (Source: P.A. 91-903, eff. 1-1-01.)

15        (735 ILCS 5/12-655) (from Ch. 110, par. 12-655)
16        Sec. 12-655.  Fees.
17        (a)  Any person filing a foreign judgment shall pay a fee
18    to the circuit clerk equivalent to the  fee  which  would  be
19    required  were  the  person  filing  a  complaint seeking the
20    amount awarded in the foreign judgment.  Fees for  docketing,
21    transcription  or  other  enforcement proceedings shall be as
22    provided for judgments of the circuit court.
23        (b)  The clerk shall not charge a fee to  any  person  to
24    register a foreign order of protection order.
25    (Source: P.A. 91-903, eff. 1-1-01.)

26        Section 11.4.  The Illinois Domestic Violence Act of 1986
27    is  amended  by  changing  Sections  222.5,  223,  and 302 as
28    follows:

29        (750 ILCS 60/222.5)
30        Sec. 222.5.  Filing of  a  foreign  protection  order  an
31    order of protection issued in another state.
 
                            -34-               LRB9200642WHcs
 1        (a)  A  person  entitled  to  protection  under a foreign
 2    protection  order  (as  defined  in  the  Uniform  Interstate
 3    Enforcement of Domestic-Violence Protection  Orders  Act)  an
 4    order  of  protection  issued  by the court of another state,
 5    tribe, or United States territory may file a  certified  copy
 6    of  the  order  of foreign protection order with the clerk of
 7    the court in a judicial circuit in which the person  believes
 8    that enforcement may be necessary.
 9        (b)  The clerk shall:
10             (1)  treat  the foreign order of protection order in
11        the same manner as a judgment of the  circuit  court  for
12        any   county   of  this  State  in  accordance  with  the
13        provisions  of  the  Uniform   Enforcement   of   Foreign
14        Judgments  Act,  except  that  the  clerk  shall not mail
15        notice of the filing of the foreign protection  order  to
16        the respondent named in the order; and
17             (2)  on  the  same  day  that  a  foreign  order  of
18        protection  order is filed, file a certified copy of that
19        order with the sheriff or other law enforcement officials
20        charged  with  maintaining  Department  of  State  Police
21        records as set forth in Section 222 of this Act.
22        (c)  Neither residence in this  State  nor  filing  of  a
23    foreign  order  of  protection  order  shall  be required for
24    enforcement of the order by this State. Failure to  file  the
25    foreign  order shall not be an impediment to its treatment in
26    all respects as an  Illinois  order  of  protection  nor  its
27    enforcement  under  the  Uniform  Interstate  Enforcement  of
28    Domestic-Violence Protection Orders Act.
29        (d)  The  clerk  shall not charge a fee to file a foreign
30    order of protection order under this Section.
31        (e)  The sheriff shall inform  the  Department  of  State
32    Police as set forth in Section 302 of this Act.
33    (Source: P.A. 91-903, eff. 1-1-01.)
 
                            -35-               LRB9200642WHcs
 1        (750 ILCS 60/223) (from Ch. 40, par. 2312-23)
 2        Sec. 223.  Enforcement of orders of protection.
 3        (a)  When violation is crime. A violation of any order of
 4    protection, whether issued in a civil or criminal proceeding,
 5    may be enforced by a criminal court when:
 6             (1)  The  respondent  commits the crime of violation
 7        of an order of protection pursuant to  Section  12-30  of
 8        the Criminal Code of 1961, by having knowingly violated:
 9                  (i)  remedies described in paragraphs (1), (2),
10             (3),  (14),  or  (14.5) of subsection (b) of Section
11             214 of this Act; or
12                  (ii)  a remedy, which is substantially  similar
13             to  the  remedies  authorized  under paragraphs (1),
14             (2), (3), (14), and  (14.5)  of  subsection  (b)  of
15             Section 214 of this Act, in a valid order of foreign
16             protection  order which is authorized under the laws
17             of another state, tribe, or United States territory;
18             or
19                  (iii)  any   other   remedy   when   the    act
20             constitutes a crime against the protected parties as
21             defined by the Criminal Code of 1961.
22             Prosecution   for   a   violation  of  an  order  of
23        protection shall not bar concurrent prosecution  for  any
24        other  crime,  including  any  crime  that  may have been
25        committed at the time of the violation of  the  order  of
26        protection; or
27             (2)  The  respondent  commits  the  crime  of  child
28        abduction  pursuant  to Section 10-5 of the Criminal Code
29        of 1961, by having knowingly violated:
30                  (i)  remedies described in paragraphs (5),  (6)
31             or (8) of subsection (b) of Section 214 of this Act;
32             or
33                  (ii)  a  remedy, which is substantially similar
34             to the remedies  authorized  under  paragraphs  (5),
 
                            -36-               LRB9200642WHcs
 1             (6), or (8) of subsection (b) of Section 214 of this
 2             Act,  in  a  valid foreign order of protection order
 3             which is authorized under the laws of another state,
 4             tribe, or United States territory.
 5        (b)  When violation is contempt of court. A violation  of
 6    any  valid  Illinois order of protection, whether issued in a
 7    civil or criminal proceeding, may be enforced  through  civil
 8    or criminal contempt procedures, as appropriate, by any court
 9    with  jurisdiction,  regardless  where  the act or acts which
10    violated the order  of  protection  were  committed,  to  the
11    extent  consistent  with  the  venue  provisions of this Act.
12    Nothing in this Act shall preclude any  Illinois  court  from
13    enforcing  any  valid  order  of protection issued in another
14    state. Illinois  courts  may  enforce  orders  of  protection
15    through  both  criminal prosecution and contempt proceedings,
16    unless the action which  is  second  in  time  is  barred  by
17    collateral estoppel or the constitutional prohibition against
18    double jeopardy.
19             (1)  In a contempt proceeding where the petition for
20        a  rule  to  show  cause  sets  forth facts evidencing an
21        immediate  danger  that  the  respondent  will  flee  the
22        jurisdiction, conceal a child, or inflict physical  abuse
23        on  the  petitioner  or  minor  children  or on dependent
24        adults in petitioner's care,  the  court  may  order  the
25        attachment of the respondent without prior service of the
26        rule  to  show  cause  or the petition for a rule to show
27        cause.  Bond shall be set unless specifically  denied  in
28        writing.
29             (2)  A  petition  for  a  rule  to  show  cause  for
30        violation  of  an order of protection shall be treated as
31        an expedited proceeding.
32        (c)  Violation of custody or support orders. A  violation
33    of  remedies described in paragraphs (5), (6), (8), or (9) of
34    subsection (b) of Section 214 of this Act may be enforced  by
 
                            -37-               LRB9200642WHcs
 1    any  remedy  provided by Section 611 of the Illinois Marriage
 2    and Dissolution of Marriage Act. The court  may  enforce  any
 3    order  for  support issued under paragraph (12) of subsection
 4    (b) of Section  214 in the manner provided for under Articles
 5    V and  VII  of  the  Illinois  Marriage  and  Dissolution  of
 6    Marriage Act.
 7        (d)  Actual  knowledge.  An  order  of  protection may be
 8    enforced pursuant to this Section if the respondent  violates
 9    the  order  after  the respondent has actual knowledge of its
10    contents as shown through one of the following means:
11    1t  (1)  By service, delivery, or notice under Section 210.
12             (2)  By notice under Section 210.1 or 211.
13             (3)  By service of  an  order  of  protection  under
14        Section 222.
15             (4)  By  other  means demonstrating actual knowledge
16        of the contents of the order.
17        (e)  The enforcement of an order of protection  in  civil
18    or  criminal  court  shall  not  be affected by either of the
19    following:
20             (1)  The existence of a separate, correlative order,
21        entered under Section 215.
22             (2)  Any finding or order  entered  in  a  conjoined
23        criminal proceeding.
24        (f)  Circumstances.   The court, when determining whether
25    or not a violation of an order of  protection  has  occurred,
26    shall  not  require  physical  manifestations of abuse on the
27    person of the victim.
28        (g)  Penalties.
29             (1)  Except as provided in  paragraph  (3)  of  this
30        subsection,  where  the  court  finds the commission of a
31        crime or contempt of court under subsections (a)  or  (b)
32        of  this  Section,  the penalty shall be the penalty that
33        generally  applies   in   such   criminal   or   contempt
34        proceedings,   and   may  include  one  or  more  of  the
 
                            -38-               LRB9200642WHcs
 1        following: incarceration, payment of restitution, a fine,
 2        payment  of  attorneys'  fees  and  costs,  or  community
 3        service.
 4             (2)  The court shall  hear  and  take  into  account
 5        evidence  of  any  factors  in  aggravation or mitigation
 6        before deciding an appropriate  penalty  under  paragraph
 7        (1) of this subsection.
 8             (3)  To  the  extent  permitted by law, the court is
 9        encouraged to:
10                  (i)  increase  the  penalty  for  the   knowing
11             violation  of  any  order  of  protection  over  any
12             penalty   previously   imposed   by  any  court  for
13             respondent's violation of any order of protection or
14             penal statute involving  petitioner  as  victim  and
15             respondent as defendant;
16                  (ii)  impose  a  minimum  penalty  of  24 hours
17             imprisonment for respondent's first violation of any
18             order of protection; and
19                  (iii)  impose a minimum  penalty  of  48  hours
20             imprisonment  for  respondent's second or subsequent
21             violation of an order of protection
22        unless the  court  explicitly  finds  that  an  increased
23        penalty   or   that   period  of  imprisonment  would  be
24        manifestly unjust.
25             (4)  In addition to any other penalties imposed  for
26        a  violation  of an order of protection, a criminal court
27        may consider evidence of any violations of  an  order  of
28        protection:
29                  (i)  to  increase,  revoke  or  modify the bail
30             bond on an underlying criminal  charge  pursuant  to
31             Section  110-6  of the Code of Criminal Procedure of
32             1963;
33                  (ii)  to  revoke  or   modify   an   order   of
34             probation,  conditional  discharge  or  supervision,
 
                            -39-               LRB9200642WHcs
 1             pursuant  to  Section  5-6-4  of the Unified Code of
 2             Corrections;
 3                  (iii)  to  revoke  or  modify  a  sentence   of
 4             periodic  imprisonment, pursuant to Section 5-7-2 of
 5             the Unified Code of Corrections.
 6             (5)  In addition to any other penalties,  the  court
 7        shall  impose  an additional fine of $20 as authorized by
 8        Section 5-9-1.11 of the Unified Code of Corrections  upon
 9        any  person  convicted  of or placed on supervision for a
10        violation of an order of protection.  The additional fine
11        shall be imposed for each violation of this Section.
12    (Source: P.A. 90-241, eff. 1-1-98; 91-903, eff. 1-1-01.)

13        (750 ILCS 60/302) (from Ch. 40, par. 2313-2)
14        Sec. 302.  Data maintenance by law enforcement agencies.
15        (a)  All sheriffs shall  furnish  to  the  Department  of
16    State  Police,  on  the same day as received, in the form and
17    detail  the  Department  requires,  copies  of  any  recorded
18    emergency, interim, or plenary orders of protection issued by
19    the court, and any foreign orders of protection orders  filed
20    with  by  the  clerk  of  the  court,  and transmitted to the
21    sheriff by the clerk of the court pursuant to subsection  (b)
22    of  Section  222  of  this  Act.  In  this Section, "order of
23    protection" includes an order of protection  issued  in  this
24    State  and a foreign protection order filed with the clerk of
25    the court. Each order of protection shall be entered  in  the
26    Law  Enforcement  Automated Data System on the same day it is
27    issued by the court or filed with the clerk of the court.  If
28    an  emergency  order  of  protection was issued in accordance
29    with subsection (c)  of  Section  217,  the  order  shall  be
30    entered  in the Law Enforcement Automated Data System as soon
31    as possible after receipt from the clerk.
32        (b)  The Department of  State  Police  shall  maintain  a
33    complete  and  systematic  record  and index of all valid and
 
                            -40-               LRB9200642WHcs
 1    recorded orders of protection issued pursuant  to  this  Act.
 2    The  data  shall  be  used  to inform all dispatchers and law
 3    enforcement officers at the scene of an alleged  incident  of
 4    abuse,  neglect,  or exploitation or violation of an order of
 5    protection of any recorded prior incident of abuse,  neglect,
 6    or exploitation involving the abused, neglected, or exploited
 7    party and the effective dates and terms of any recorded order
 8    of protection.
 9        (c)  The  data,  records  and transmittals required under
10    this Section shall pertain to any valid emergency, interim or
11    plenary order of protection, whether issued  in  a  civil  or
12    criminal proceeding or issued by a tribunal as defined in the
13    Uniform    Interstate    Enforcement   of   Domestic-Violence
14    Protection Orders Act authorized under the  laws  of  another
15    state, tribe, or United States territory.
16    (Source: P.A. 90-392, eff. 1-1-98; 91-903, eff. 1-1-01.)

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