State of Illinois
92nd General Assembly
Legislation

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92_SB0426

 
                                               LRB9207679ARsb

 1        AN ACT concerning firearms.

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

 4        Section 5.  The Firearm Owners Identification Card Act is
 5    amended by changing Section 8.1 as follows:

 6        (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)
 7        Sec. 8.1. The Circuit Clerk shall, in the form and manner
 8    required by the Supreme Court, notify the Department of State
 9    Police of all final  dispositions  of  cases  for  which  the
10    Department  has  received  information  reported  to it under
11    Section  2.1  of  the  Criminal  Identification  Act.    Upon
12    receiving notice from the circuit clerk  that  a  person  has
13    been  convicted  of  a felony, if that person holds a Firearm
14    Owner's Identification Card, the Department of  State  Police
15    shall   immediately  revoke  that  person's  Firearm  Owner's
16    Identification Card as provided by Section 9 of this Act.
17    (Source: P.A. 87-905.)

18        Section 10.  The Unified Code of Corrections  is  amended
19    by  changing  Sections 5-3-1, 5-3-2, 5-4-1, 5-5-3, 5-6-3, and
20    5-6-4 as follows:

21        (730 ILCS 5/5-3-1) (from Ch. 38, par. 1005-3-1)
22        Sec. 5-3-1. Presentence Investigation. A defendant  shall
23    not  be  sentenced  for a felony before a written presentence
24    report of investigation is presented to and considered by the
25    court.
26        However, the court need not order a presentence report of
27    investigation where both parties agree to the imposition of a
28    specific sentence, provided there is a finding made  for  the
29    record  as  to  the  defendant's  history  of  delinquency or
 
                            -2-                LRB9207679ARsb
 1    criminality, including any previous sentence  to  a  term  of
 2    probation,  periodic  imprisonment, conditional discharge, or
 3    imprisonment.
 4        The court may order a presentence  investigation  of  any
 5    defendant.
 6    (Source: P.A. 80-1099.)

 7        (730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)
 8        Sec. 5-3-2.  Presentence Report.
 9        (a)  In  felony  cases,  the presentence report shall set
10    forth:
11             (1)  the  defendant's  history  of  delinquency   or
12        criminality,  physical  and mental history and condition,
13        family  situation  and   background,   economic   status,
14        education, occupation and personal habits;
15             (2)  information  about special resources within the
16        community  which  might  be  available  to   assist   the
17        defendant's  rehabilitation, including treatment centers,
18        residential  facilities,  vocational  training  services,
19        correctional manpower programs, employment opportunities,
20        special educational  programs,  alcohol  and  drug  abuse
21        programming,  psychiatric  and  marriage  counseling, and
22        other  programs  and  facilities  which  could  aid   the
23        defendant's successful reintegration into society;
24             (3)  the  effect  the offense committed has had upon
25        the victim  or  victims  thereof,  and  any  compensatory
26        benefit that various sentencing alternatives would confer
27        on such victim or victims;
28             (4)  information  concerning  the defendant's status
29        since arrest, including his record if released on his own
30        recognizance, or the defendant's  achievement  record  if
31        released on a conditional pre-trial supervision program;
32             (5)  when   appropriate,  a  plan,  based  upon  the
33        personal, economic and social  adjustment  needs  of  the
 
                            -3-                LRB9207679ARsb
 1        defendant,   utilizing   public   and  private  community
 2        resources as an alternative to institutional sentencing;
 3             (6)  any  other  matters  that   the   investigatory
 4        officer  deems  relevant  or  the  court  directs  to  be
 5        included; and
 6             (7)  information  concerning defendant's eligibility
 7        for a sentence to a county impact  incarceration  program
 8        under Section 5-8-1.2 of this Code;.
 9             (8)  information  obtained from any State or federal
10        agency or any  other  source,  including  the  defendant,
11        concerning the defendant's possession of firearms; and
12             (9)    whether  the  defendant has a Firearm Owner's
13        Identification Card.
14        (b)  The  investigation  shall  include  a  physical  and
15    mental examination of the defendant when so  ordered  by  the
16    court.   If  the  court  determines  that such an examination
17    should be made, it shall issue an order  that  the  defendant
18    submit to examination at such time and place as designated by
19    the  court  and  that  such  examination  be  conducted  by a
20    physician, psychologist or  psychiatrist  designated  by  the
21    court.   Such  an  examination  may  be  conducted in a court
22    clinic if  so  ordered  by  the  court.   The  cost  of  such
23    examination shall be paid by the county in which the trial is
24    held.
25        (c)  In  misdemeanor,  business  offense or petty offense
26    cases, except as specified in subsection (d) of this Section,
27    when a presentence report has been ordered by the court, such
28    presentence  report  shall   contain   information   on   the
29    defendant's  history  of delinquency or criminality and shall
30    further  contain  only  those  matters  listed  in   any   of
31    paragraphs (1) through (6) of subsection (a) or in subsection
32    (b)  of  this  Section   as are specified by the court in its
33    order for the report.
34        (d)  In cases under Section 12-15 and  Section  12-30  of
 
                            -4-                LRB9207679ARsb
 1    the Criminal Code of 1961, as amended, the presentence report
 2    shall  set  forth  information  about  alcohol,  drug  abuse,
 3    psychiatric,  and  marriage  counseling  or  other  treatment
 4    programs  and  facilities,  information  on  the  defendant's
 5    history  of  delinquency  or  criminality,  and shall contain
 6    those additional matters listed  in  any  of  paragraphs  (1)
 7    through  (6)  of  subsection (a) or in subsection (b) of this
 8    Section as are specified by the court.
 9        (e)  Nothing in this Section shall cause the defendant to
10    be held without bail or to have  his  bail  revoked  for  the
11    purpose  of  preparing  the  presentence  report or making an
12    examination.
13    (Source: P.A. 89-587, eff. 7-31-96.)

14        (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
15        Sec. 5-4-1.  Sentencing Hearing.
16        (a)  Except  when  the  death  penalty  is  sought  under
17    hearing procedures otherwise specified, after a determination
18    of guilt, a hearing shall be held  to  impose  the  sentence.
19    However, prior to the imposition of sentence on an individual
20    being  sentenced  for  an  offense  based upon a charge for a
21    violation of Section 11-501 of the Illinois Vehicle Code or a
22    similar provision of a local ordinance, the  individual  must
23    undergo  a professional evaluation to determine if an alcohol
24    or other drug abuse problem exists and the extent of  such  a
25    problem.   Programs  conducting  these  evaluations  shall be
26    licensed by the Department of Human  Services.   However,  if
27    the  individual is not a resident of Illinois, the court may,
28    in its discretion, accept an evaluation from a program in the
29    state of such individual's residence. The court  may  in  its
30    sentencing  order approve an eligible defendant for placement
31    in a Department of Corrections impact  incarceration  program
32    as  provided  in  Section  5-8-1.1.  At the hearing the court
33    shall:
 
                            -5-                LRB9207679ARsb
 1             (1)  consider the evidence, if  any,  received  upon
 2        the trial;
 3             (2)  consider any presentence reports;
 4             (3)  consider  the financial impact of incarceration
 5        based on the financial impact statement  filed  with  the
 6        clerk of the court by the Department of Corrections;
 7             (4)  consider  evidence  and  information offered by
 8        the parties in aggravation and mitigation;
 9             (5)  hear arguments as to sentencing alternatives;
10             (6)  afford the defendant the opportunity to make  a
11        statement in his own behalf;
12             (7)  afford  the  victim  of  a  violent  crime or a
13        violation of Section 11-501 of the Illinois Vehicle Code,
14        or a  similar  provision  of  a  local  ordinance,  or  a
15        qualified  individual  affected by a violation of Section
16        405, 405.1, 405.2, or  407  of  the  Illinois  Controlled
17        Substances   Act,   committed   by   the   defendant  the
18        opportunity to make a statement concerning the impact  on
19        the  victim  and  to  offer  evidence  in  aggravation or
20        mitigation; provided  that  the  statement  and  evidence
21        offered  in  aggravation  or  mitigation  must  first  be
22        prepared  in  writing  in  conjunction  with  the State's
23        Attorney  before  it  may  be  presented  orally  at  the
24        hearing. Any sworn testimony offered  by  the  victim  is
25        subject  to  the  defendant's right to cross-examine. All
26        statements and evidence offered under this paragraph  (7)
27        shall  become  part  of the record of the court.  For the
28        purpose of this  paragraph  (7),  "qualified  individual"
29        means  any  person  who  (i)  lived  or worked within the
30        territorial jurisdiction where  the  offense  took  place
31        when  the  offense  took place; and (ii) is familiar with
32        various public places within the territorial jurisdiction
33        where the offense took place when the offense took place.
34        For  the  purposes  of  this  paragraph  (7),  "qualified
 
                            -6-                LRB9207679ARsb
 1        individual" includes any peace officer, or any member  of
 2        any duly organized State, county, or municipal peace unit
 3        assigned   to  the  territorial  jurisdiction  where  the
 4        offense took place when the offense took place; and
 5             (8)  in  cases  of  reckless  homicide  afford   the
 6        victim's  spouse,  guardians,  parents or other immediate
 7        family members an opportunity to  make  oral  statements;
 8        and.
 9             (9)  question  the  defendant  concerning his or her
10        possession of firearms and admonish  the  defendant  that
11        possession of firearms by a person who has had his or her
12        Firearm   Owner's   Identification   Card   revoked   for
13        conviction  of a felony is a separate offense, punishable
14        as a Class 3 felony.
15        (b)  All sentences shall be imposed by  the  judge  based
16    upon  his  independent  assessment  of the elements specified
17    above and  any  agreement  as  to  sentence  reached  by  the
18    parties.   The  judge  who presided at the trial or the judge
19    who accepted the plea of guilty  shall  impose  the  sentence
20    unless  he  is  no  longer  sitting as a judge in that court.
21    Where the judge does not impose sentence at the same time  on
22    all  defendants  who  are  convicted  as  a  result  of being
23    involved in the same offense, the defendant  or  the  State's
24    Attorney  may  advise the sentencing court of the disposition
25    of any other defendants who have been sentenced.
26        (c)  In imposing a sentence for a violent crime or for an
27    offense of operating  or  being  in  physical  control  of  a
28    vehicle  while under the influence of alcohol, any other drug
29    or any combination thereof, or a similar provision of a local
30    ordinance, when such offense resulted in the personal  injury
31    to  someone  other  than the defendant, the trial judge shall
32    specify on the record the particular  evidence,  information,
33    factors  in  mitigation and aggravation or other reasons that
34    led to his sentencing determination. The full verbatim record
 
                            -7-                LRB9207679ARsb
 1    of the sentencing hearing shall be filed with  the  clerk  of
 2    the court and shall be a public record.
 3        (c-1)  In   imposing   a  sentence  for  the  offense  of
 4    aggravated  kidnapping  for  ransom,  home  invasion,   armed
 5    robbery, aggravated vehicular hijacking, aggravated discharge
 6    of  a  firearm, or armed violence with a category I weapon or
 7    category II weapon, the trial judge shall make a  finding  as
 8    to  whether the conduct leading to conviction for the offense
 9    resulted in great bodily harm to a victim,  and  shall  enter
10    that finding and the basis for that finding in the record.
11        (c-2)  If  the  defendant  is  sentenced to prison, other
12    than when a  sentence  of  natural  life  imprisonment  or  a
13    sentence  of  death  is  imposed, at the time the sentence is
14    imposed the judge shall state on the record in open court the
15    approximate period  of  time  the  defendant  will  serve  in
16    custody  according  to  the  then current statutory rules and
17    regulations for early release  found  in  Section  3-6-3  and
18    other  related  provisions  of  this Code.  This statement is
19    intended solely to inform the public, has no legal effect  on
20    the  defendant's  actual release, and may not be relied on by
21    the defendant on appeal.
22        The judge's statement, to be given after pronouncing  the
23    sentence,  other than when the sentence is imposed for one of
24    the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
25    shall include the following:
26        "The purpose of this statement is to inform the public of
27    the actual period of time this defendant is likely  to  spend
28    in prison as a result of this sentence.  The actual period of
29    prison  time served is determined by the statutes of Illinois
30    as applied to this sentence by  the  Illinois  Department  of
31    Corrections  and the Illinois Prisoner Review Board.  In this
32    case, assuming the defendant receives all of his or her  good
33    conduct credit, the period of estimated actual custody is ...
34    years  and  ...  months,  less up to 180 days additional good
 
                            -8-                LRB9207679ARsb
 1    conduct credit for meritorious service.   If  the  defendant,
 2    because  of  his  or  her own misconduct or failure to comply
 3    with the institutional regulations, does  not  receive  those
 4    credits,  the  actual  time  served in prison will be longer.
 5    The defendant may also receive  an  additional  one-half  day
 6    good   conduct  credit  for  each  day  of  participation  in
 7    vocational,  industry,  substance  abuse,   and   educational
 8    programs as provided for by Illinois statute."
 9        When  the  sentence  is  imposed  for one of the offenses
10    enumerated in paragraph (a)(3) of Section 3-6-3,  other  than
11    when  the  sentence  is  imposed  for  one  of  the  offenses
12    enumerated  in paragraph (a)(2) of Section 3-6-3 committed on
13    or after June 19, 1998, and other than when the  sentence  is
14    imposed for reckless homicide as defined in subsection (e) of
15    Section  9-3  of the Criminal Code of 1961 if the offense was
16    committed on or after January 1, 1999, the judge's statement,
17    to be given after pronouncing the sentence, shall include the
18    following:
19        "The purpose of this statement is to inform the public of
20    the actual period of time this defendant is likely  to  spend
21    in prison as a result of this sentence.  The actual period of
22    prison  time served is determined by the statutes of Illinois
23    as applied to this sentence by  the  Illinois  Department  of
24    Corrections  and the Illinois Prisoner Review Board.  In this
25    case, assuming the defendant receives all of his or her  good
26    conduct credit, the period of estimated actual custody is ...
27    years  and  ...  months,  less  up to 90 days additional good
28    conduct credit for meritorious service.   If  the  defendant,
29    because  of  his  or  her own misconduct or failure to comply
30    with the institutional regulations, does  not  receive  those
31    credits,  the  actual  time  served in prison will be longer.
32    The defendant may also receive  an  additional  one-half  day
33    good   conduct  credit  for  each  day  of  participation  in
34    vocational,  industry,  substance  abuse,   and   educational
 
                            -9-                LRB9207679ARsb
 1    programs as provided for by Illinois statute."
 2        When  the  sentence  is  imposed  for one of the offenses
 3    enumerated in paragraph (a)(2) of Section 3-6-3,  other  than
 4    first  degree  murder,  and  the  offense was committed on or
 5    after June 19, 1998, and when the  sentence  is  imposed  for
 6    reckless homicide as defined in subsection (e) of Section 9-3
 7    of  the Criminal Code of 1961 if the offense was committed on
 8    or after January 1, 1999, the judge's statement, to be  given
 9    after pronouncing the sentence, shall include the following:
10        "The purpose of this statement is to inform the public of
11    the  actual  period of time this defendant is likely to spend
12    in prison as a result of this sentence.  The actual period of
13    prison time served is determined by the statutes of  Illinois
14    as  applied  to  this  sentence by the Illinois Department of
15    Corrections and the Illinois Prisoner Review Board.  In  this
16    case, the defendant is entitled to no more than 4 1/2 days of
17    good  conduct credit for each month of his or her sentence of
18    imprisonment.  Therefore, this defendant will serve at  least
19    85%  of his or her sentence.  Assuming the defendant receives
20    4 1/2 days credit for each month of his or her sentence,  the
21    period  of  estimated  actual  custody  is  ... years and ...
22    months.   If  the  defendant,  because  of  his  or  her  own
23    misconduct  or  failure  to  comply  with  the  institutional
24    regulations receives lesser credit, the actual time served in
25    prison will be longer."
26        When a sentence of  imprisonment  is  imposed  for  first
27    degree  murder and the offense was committed on or after June
28    19,  1998,  the  judge's  statement,  to   be   given   after
29    pronouncing the sentence, shall include the following:
30        "The purpose of this statement is to inform the public of
31    the  actual  period of time this defendant is likely to spend
32    in prison as a result of this sentence.  The actual period of
33    prison time served is determined by the statutes of  Illinois
34    as  applied  to  this  sentence by the Illinois Department of
 
                            -10-               LRB9207679ARsb
 1    Corrections and the Illinois Prisoner Review Board.  In  this
 2    case,  the  defendant is not entitled to good conduct credit.
 3    Therefore, this defendant will  serve  100%  of  his  or  her
 4    sentence."
 5        (d)  When the defendant is committed to the Department of
 6    Corrections,  the  State's Attorney shall and counsel for the
 7    defendant may file a statement with the clerk of the court to
 8    be transmitted to the department, agency  or  institution  to
 9    which  the defendant is committed to furnish such department,
10    agency or institution with the facts and circumstances of the
11    offense for which the person was committed together with  all
12    other factual information accessible to them in regard to the
13    person  prior  to  his  commitment  relative  to  his habits,
14    associates, disposition and reputation and  any  other  facts
15    and  circumstances  which  may aid such department, agency or
16    institution during its custody of  such  person.   The  clerk
17    shall  within  10  days  after  receiving any such statements
18    transmit a copy to such department, agency or institution and
19    a copy to the other party, provided, however, that this shall
20    not be cause  for  delay  in  conveying  the  person  to  the
21    department,  agency  or  institution  to  which  he  has been
22    committed.
23        (e)  The  clerk  of  the  court  shall  transmit  to  the
24    department, agency or  institution,  if  any,  to  which  the
25    defendant is committed, the following:
26             (1)  the sentence imposed;
27             (2)  any  statement  by  the  court of the basis for
28        imposing the sentence;
29             (3)  any presentence reports;
30             (4)  the number of days, if any, which the defendant
31        has been in custody and  for  which  he  is  entitled  to
32        credit  against  the sentence, which information shall be
33        provided to the clerk by the sheriff;
34             (4.1)  any finding of great bodily harm made by  the
 
                            -11-               LRB9207679ARsb
 1        court with respect to an offense enumerated in subsection
 2        (c-1);
 3             (5)  all  statements  filed  under subsection (d) of
 4        this Section;
 5             (6)  any  medical  or  mental  health   records   or
 6        summaries of the defendant;
 7             (7)  the   municipality  where  the  arrest  of  the
 8        offender or the commission of the offense  has  occurred,
 9        where  such  municipality  has  a population of more than
10        25,000 persons;
11             (8)  all statements made and evidence offered  under
12        paragraph (7) of subsection (a) of this Section; and
13             (9)  all  additional matters which the court directs
14        the clerk to transmit.
15    (Source: P.A. 90-592, eff.  6-19-98;  90-593,  eff.  6-19-98;
16    90-740,  eff.  1-1-99;  91-357,  eff.  7-29-99;  91-899, eff.
17    1-1-01.)

18        (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
19        Sec. 5-5-3.  Disposition.
20        (a)  Every  person  convicted  of  an  offense  shall  be
21    sentenced as provided in this Section.
22        (b)  The   following   options   shall   be   appropriate
23    dispositions, alone or in combination, for all  felonies  and
24    misdemeanors other than those identified in subsection (c) of
25    this Section:
26             (1)  A period of probation.
27             (2)  A term of periodic imprisonment.
28             (3)  A term of conditional discharge.
29             (4)  A term of imprisonment.
30             (5)  An order directing the offender to clean up and
31        repair  the  damage,  if the offender was convicted under
32        paragraph (h) of Section 21-1 of  the  Criminal  Code  of
33        1961.
 
                            -12-               LRB9207679ARsb
 1             (6)  A fine.
 2             (7)  An   order   directing  the  offender  to  make
 3        restitution to the victim under  Section  5-5-6  of  this
 4        Code.
 5             (8)  A  sentence of participation in a county impact
 6        incarceration program under Section 5-8-1.2 of this Code.
 7        Whenever an individual is sentenced for an offense  based
 8    upon  an  arrest  for  a  violation  of Section 11-501 of the
 9    Illinois Vehicle Code, or a  similar  provision  of  a  local
10    ordinance,   and   the   professional  evaluation  recommends
11    remedial or rehabilitative treatment  or  education,  neither
12    the treatment nor the education shall be the sole disposition
13    and  either  or  both may be imposed only in conjunction with
14    another disposition. The court shall monitor compliance  with
15    any remedial education or treatment recommendations contained
16    in  the professional evaluation.  Programs conducting alcohol
17    or other  drug  evaluation  or  remedial  education  must  be
18    licensed  by  the  Department of Human Services.  However, if
19    the individual is not a resident of Illinois, the  court  may
20    accept  an  alcohol  or  other  drug  evaluation  or remedial
21    education  program  in  the  state   of   such   individual's
22    residence.   Programs  providing  treatment  must be licensed
23    under  existing  applicable  alcoholism  and  drug  treatment
24    licensure standards.
25        In addition to any other fine or penalty required by law,
26    any individual convicted of a violation of Section 11-501  of
27    the  Illinois  Vehicle  Code  or a similar provision of local
28    ordinance, whose  operation  of  a  motor  vehicle  while  in
29    violation  of  Section  11-501  or such ordinance proximately
30    caused an incident  resulting  in  an  appropriate  emergency
31    response,  shall  be required to make restitution to a public
32    agency for  the  costs  of  that  emergency  response.   Such
33    restitution  shall not exceed $500 per public agency for each
34    such emergency response.  For the purpose of this  paragraph,
 
                            -13-               LRB9207679ARsb
 1    emergency  response  shall  mean  any  incident  requiring  a
 2    response  by: a police officer as defined under Section 1-162
 3    of the Illinois Vehicle Code; a fireman carried on the  rolls
 4    of  a regularly constituted fire department; and an ambulance
 5    as defined  under  Section  4.05  of  the  Emergency  Medical
 6    Services (EMS) Systems Act.
 7        Neither   a  fine  nor  restitution  shall  be  the  sole
 8    disposition for a felony and either or both  may  be  imposed
 9    only in conjunction with another disposition.
10        (c) (1)  When a defendant is found guilty of first degree
11        murder   the   State   may  either  seek  a  sentence  of
12        imprisonment under Section 5-8-1 of this Code,  or  where
13        appropriate seek a sentence of death under Section 9-1 of
14        the Criminal Code of 1961.
15             (2)  A  period  of  probation,  a  term  of periodic
16        imprisonment  or  conditional  discharge  shall  not   be
17        imposed  for  the  following  offenses.  The  court shall
18        sentence the offender to not less than the  minimum  term
19        of  imprisonment set forth in this Code for the following
20        offenses, and may order a fine or restitution or both  in
21        conjunction with such term of imprisonment:
22                  (A)  First   degree   murder  where  the  death
23             penalty is not imposed.
24                  (B)  Attempted first degree murder.
25                  (C)  A Class X felony.
26                  (D)  A violation of Section 401.1 or 407 of the
27             Illinois Controlled Substances Act, or  a  violation
28             of  subdivision  (c)(2)  of  Section 401 of that Act
29             which relates to more than 5 grams  of  a  substance
30             containing cocaine or an analog thereof.
31                  (E)  A  violation  of  Section  5.1 or 9 of the
32             Cannabis Control Act.
33                  (F)  A  Class  2  or  greater  felony  if   the
34             offender  had been convicted of a Class 2 or greater
 
                            -14-               LRB9207679ARsb
 1             felony within 10 years of  the  date  on  which  the
 2             offender  committed  the offense for which he or she
 3             is being sentenced, except as otherwise provided  in
 4             Section 40-10 of the Alcoholism and Other Drug Abuse
 5             and Dependency Act.
 6                  (G)  Residential  burglary, except as otherwise
 7             provided in Section  40-10  of  the  Alcoholism  and
 8             Other Drug Abuse and Dependency Act.
 9                  (H)  Criminal   sexual   assault,   except   as
10             otherwise   provided   in  subsection  (e)  of  this
11             Section.
12                  (I)  Aggravated battery of a senior citizen.
13                  (J)  A  forcible  felony  if  the  offense  was
14             related to the activities of an organized gang.
15                  Before July 1, 1994, for the purposes  of  this
16             paragraph,  "organized gang" means an association of
17             5 or more persons, with  an  established  hierarchy,
18             that   encourages  members  of  the  association  to
19             perpetrate crimes or provides support to the members
20             of the association who do commit crimes.
21                  Beginning July 1, 1994,  for  the  purposes  of
22             this  paragraph,  "organized  gang"  has the meaning
23             ascribed  to  it  in  Section  10  of  the  Illinois
24             Streetgang Terrorism Omnibus Prevention Act.
25                  (K)  Vehicular hijacking.
26                  (L)  A second or subsequent conviction for  the
27             offense  of  hate  crime when the underlying offense
28             upon  which  the  hate  crime  is  based  is  felony
29             aggravated assault or felony mob action.
30                  (M)  A second or subsequent conviction for  the
31             offense  of institutional vandalism if the damage to
32             the property exceeds $300.
33                  (N)  A Class 3 felony  violation  of  paragraph
34             (1)  of  subsection  (a) of Section 2 of the Firearm
 
                            -15-               LRB9207679ARsb
 1             Owners Identification Card Act.
 2                  (O)  A  violation  of  Section  12-6.1  of  the
 3             Criminal Code of 1961.
 4                  (P)  A violation of paragraph  (1),  (2),  (3),
 5             (4),  (5),  or  (7)  of  subsection  (a)  of Section
 6             11-20.1 of the Criminal Code of 1961.
 7                  (Q)  A  violation  of  Section  20-1.2  of  the
 8             Criminal Code of 1961.
 9                  (R)  A  violation  of  Section  24-3A  of   the
10             Criminal Code of 1961.
11             (3)  A minimum term of imprisonment of not less than
12        48 consecutive hours or 100 hours of community service as
13        may  be  determined  by  the court shall be imposed for a
14        second or subsequent violation committed within  5  years
15        of a previous violation of Section 11-501 of the Illinois
16        Vehicle Code or a similar provision of a local ordinance.
17             (4)  A minimum term of imprisonment of not less than
18        7  consecutive days or 30 days of community service shall
19        be imposed for a violation of paragraph  (c)  of  Section
20        6-303 of the Illinois Vehicle Code.
21             (4.1)  A  minimum  term  of  30  consecutive days of
22        imprisonment, 40 days of 24 hour periodic imprisonment or
23        720 hours of community service, as may be  determined  by
24        the  court,  shall  be imposed for a violation of Section
25        11-501 of the Illinois Vehicle Code during  a  period  in
26        which  the  defendant's driving privileges are revoked or
27        suspended, where the revocation or suspension was  for  a
28        violation  of  Section 11-501 or Section 11-501.1 of that
29        Code.
30             (5)  The court may sentence an offender convicted of
31        a business offense or a petty offense or a corporation or
32        unincorporated association convicted of any offense to:
33                  (A)  a period of conditional discharge;
34                  (B)  a fine;
 
                            -16-               LRB9207679ARsb
 1                  (C)  make  restitution  to  the  victim   under
 2             Section 5-5-6 of this Code.
 3             (6)  In  no case shall an offender be eligible for a
 4        disposition of probation or conditional discharge  for  a
 5        Class  1  felony committed while he was serving a term of
 6        probation or conditional discharge for a felony.
 7             (7)  When  a  defendant  is  adjudged   a   habitual
 8        criminal  under Article 33B of the Criminal Code of 1961,
 9        the court shall sentence  the  defendant  to  a  term  of
10        natural life imprisonment.
11             (8)  When  a defendant, over the age of 21 years, is
12        convicted of a Class 1 or Class 2  felony,  after  having
13        twice  been  convicted  of  any  Class 2 or greater Class
14        felonies in Illinois, and  such  charges  are  separately
15        brought  and  tried  and arise out of different series of
16        acts, such defendant shall be  sentenced  as  a  Class  X
17        offender.  This  paragraph shall not apply unless (1) the
18        first felony was committed after the  effective  date  of
19        this  amendatory  Act  of 1977; and (2) the second felony
20        was committed after conviction on the first; and (3)  the
21        third  felony  was  committed  after  conviction  on  the
22        second.
23             (9)  A defendant convicted of a second or subsequent
24        offense  of  ritualized abuse of a child may be sentenced
25        to a term of natural life imprisonment.
26        (d)  In any case in which a sentence  originally  imposed
27    is  vacated,  the  case shall be remanded to the trial court.
28    The trial court shall hold a hearing under Section  5-4-1  of
29    the Unified Code of Corrections which may include evidence of
30    the  defendant's  life, moral character and occupation during
31    the time since the original sentence was passed.   The  trial
32    court  shall  then  impose  sentence upon the defendant.  The
33    trial court may impose any sentence  which  could  have  been
34    imposed at the original trial subject to Section 5-5-4 of the
 
                            -17-               LRB9207679ARsb
 1    Unified Code of Corrections.
 2        (e)  In  cases  where  prosecution  for  criminal  sexual
 3    assault  or  aggravated  criminal  sexual abuse under Section
 4    12-13 or 12-16 of  the  Criminal  Code  of  1961  results  in
 5    conviction  of  a  defendant  who  was a family member of the
 6    victim at the time of the  commission  of  the  offense,  the
 7    court shall consider the safety and welfare of the victim and
 8    may impose a sentence of probation only where:
 9             (1)  the   court  finds  (A)  or  (B)  or  both  are
10        appropriate:
11                  (A)  the defendant  is  willing  to  undergo  a
12             court  approved  counseling  program  for  a minimum
13             duration of 2 years; or
14                  (B)  the defendant is willing to participate in
15             a court approved plan including but not  limited  to
16             the defendant's:
17                       (i)  removal from the household;
18                       (ii)  restricted contact with the victim;
19                       (iii)  continued  financial support of the
20                  family;
21                       (iv)  restitution for  harm  done  to  the
22                  victim; and
23                       (v)  compliance  with  any  other measures
24                  that the court may deem appropriate; and
25             (2)  the court orders the defendant to pay  for  the
26        victim's  counseling  services,  to  the  extent that the
27        court finds, after considering the defendant's income and
28        assets, that the  defendant  is  financially  capable  of
29        paying  for  such  services,  if  the victim was under 18
30        years of age at the time the offense  was  committed  and
31        requires counseling as a result of the offense.
32        Probation  may be revoked or modified pursuant to Section
33    5-6-4; except where the court determines at the hearing  that
34    the  defendant  violated  a condition of his or her probation
 
                            -18-               LRB9207679ARsb
 1    restricting contact with the victim or other  family  members
 2    or  commits  another  offense with the victim or other family
 3    members, the court shall revoke the defendant's probation and
 4    impose a term of imprisonment.
 5        For the purposes of this  Section,  "family  member"  and
 6    "victim"  shall have the meanings ascribed to them in Section
 7    12-12 of the Criminal Code of 1961.
 8        (f)  This Article shall not  deprive  a  court  in  other
 9    proceedings  to order a forfeiture of property, to suspend or
10    cancel a license, to remove  a  person  from  office,  or  to
11    impose any other civil penalty.
12        (g)  Whenever  a  defendant  is  convicted  of an offense
13    under Sections 11-14, 11-15, 11-15.1,  11-16,  11-17,  11-18,
14    11-18.1,  11-19,  11-19.1,  11-19.2,  12-13,  12-14, 12-14.1,
15    12-15 or 12-16 of the Criminal Code of  1961,  the  defendant
16    shall  undergo  medical  testing  to  determine  whether  the
17    defendant has any sexually transmissible disease, including a
18    test for infection with human immunodeficiency virus (HIV) or
19    any    other   identified   causative   agent   of   acquired
20    immunodeficiency syndrome  (AIDS).   Any  such  medical  test
21    shall  be  performed  only  by appropriately licensed medical
22    practitioners and may  include  an  analysis  of  any  bodily
23    fluids  as  well as an examination of the defendant's person.
24    Except as otherwise provided by law, the results of such test
25    shall be kept strictly confidential by all medical  personnel
26    involved in the testing and must be personally delivered in a
27    sealed  envelope  to  the  judge  of  the  court in which the
28    conviction was entered for the judge's inspection in  camera.
29    Acting  in  accordance  with the best interests of the victim
30    and the public,  the  judge  shall  have  the  discretion  to
31    determine  to whom, if anyone, the results of the testing may
32    be revealed. The court shall notify the defendant of the test
33    results.  The court shall also notify the victim if requested
34    by the victim, and if the victim is under the age of  15  and
 
                            -19-               LRB9207679ARsb
 1    if  requested  by the victim's parents or legal guardian, the
 2    court shall notify the victim's parents or legal guardian  of
 3    the test results.  The court shall provide information on the
 4    availability  of  HIV testing and counseling at Department of
 5    Public Health facilities to all parties to whom  the  results
 6    of  the  testing  are  revealed  and shall direct the State's
 7    Attorney to  provide  the  information  to  the  victim  when
 8    possible. A State's Attorney may petition the court to obtain
 9    the  results of any HIV test administered under this Section,
10    and the court shall  grant  the  disclosure  if  the  State's
11    Attorney  shows it is relevant in order to prosecute a charge
12    of criminal transmission of HIV under Section 12-16.2 of  the
13    Criminal Code of 1961 against the defendant.  The court shall
14    order  that  the  cost  of any such test shall be paid by the
15    county and may  be  taxed  as  costs  against  the  convicted
16    defendant.
17        (g-5)  When   an   inmate   is  tested  for  an  airborne
18    communicable  disease,  as   determined   by   the   Illinois
19    Department  of  Public  Health  including  but not limited to
20    tuberculosis, the results of the  test  shall  be  personally
21    delivered  by  the  warden or his or her designee in a sealed
22    envelope to the judge of the court in which the  inmate  must
23    appear  for  the judge's inspection in camera if requested by
24    the judge.  Acting in accordance with the best  interests  of
25    those  in  the courtroom, the judge shall have the discretion
26    to determine what if any precautions  need  to  be  taken  to
27    prevent transmission of the disease in the courtroom.
28        (h)  Whenever  a  defendant  is  convicted  of an offense
29    under Section 1 or 2 of the Hypodermic Syringes  and  Needles
30    Act, the defendant shall undergo medical testing to determine
31    whether   the   defendant   has   been   exposed   to   human
32    immunodeficiency   virus   (HIV)   or  any  other  identified
33    causative agent of acquired immunodeficiency syndrome (AIDS).
34    Except as otherwise provided by law, the results of such test
 
                            -20-               LRB9207679ARsb
 1    shall be kept strictly confidential by all medical  personnel
 2    involved in the testing and must be personally delivered in a
 3    sealed  envelope  to  the  judge  of  the  court in which the
 4    conviction was entered for the judge's inspection in  camera.
 5    Acting  in  accordance with the best interests of the public,
 6    the judge shall have the discretion to determine to whom,  if
 7    anyone, the results of the testing may be revealed. The court
 8    shall  notify  the  defendant  of  a positive test showing an
 9    infection with the human immunodeficiency  virus  (HIV).  The
10    court  shall  provide  information on the availability of HIV
11    testing  and  counseling  at  Department  of  Public   Health
12    facilities  to all parties to whom the results of the testing
13    are revealed and shall direct the State's Attorney to provide
14    the information  to  the  victim  when  possible.  A  State's
15    Attorney  may petition the court to obtain the results of any
16    HIV test administered under  this   Section,  and  the  court
17    shall  grant  the disclosure if the State's Attorney shows it
18    is relevant in  order  to  prosecute  a  charge  of  criminal
19    transmission  of  HIV  under  Section 12-16.2 of the Criminal
20    Code of 1961 against the defendant.  The  court  shall  order
21    that  the  cost  of any such test shall be paid by the county
22    and may be taxed as costs against the convicted defendant.
23        (i)  All fines and penalties imposed under  this  Section
24    for any violation of Chapters 3, 4, 6, and 11 of the Illinois
25    Vehicle  Code,  or  a similar provision of a local ordinance,
26    and any violation of the Child Passenger Protection Act, or a
27    similar provision of a local ordinance,  shall  be  collected
28    and  disbursed by the circuit clerk as provided under Section
29    27.5 of the Clerks of Courts Act.
30        (j)  In cases  when  prosecution  for  any  violation  of
31    Section  11-6,  11-8,  11-9,  11-11,  11-14,  11-15, 11-15.1,
32    11-16,  11-17,  11-17.1,  11-18,  11-18.1,  11-19,   11-19.1,
33    11-19.2,  11-20.1,  11-21,  12-13,  12-14, 12-14.1, 12-15, or
34    12-16 of the Criminal Code of  1961,  any  violation  of  the
 
                            -21-               LRB9207679ARsb
 1    Illinois  Controlled  Substances Act, or any violation of the
 2    Cannabis Control Act results in conviction, a disposition  of
 3    court  supervision,  or  an  order of probation granted under
 4    Section 10 of the Cannabis Control Act or Section 410 of  the
 5    Illinois  Controlled  Substance Act of a defendant, the court
 6    shall determine  whether  the  defendant  is  employed  by  a
 7    facility  or  center  as  defined under the Child Care Act of
 8    1969, a public or private elementary or secondary school,  or
 9    otherwise  works  with  children  under  18 years of age on a
10    daily basis.  When a defendant  is  so  employed,  the  court
11    shall  order  the  Clerk  of  the Court to send a copy of the
12    judgment of conviction or order of supervision  or  probation
13    to  the  defendant's  employer  by  certified  mail.  If  the
14    employer of the defendant is a school, the Clerk of the Court
15    shall  direct  the  mailing  of  a  copy  of  the judgment of
16    conviction or  order  of  supervision  or  probation  to  the
17    appropriate regional superintendent of schools.  The regional
18    superintendent  of  schools  shall  notify the State Board of
19    Education of any notification under this subsection.
20        (j-5)  A defendant at  least  17  years  of  age  who  is
21    convicted  of  a  felony  and  who  has  not  been previously
22    convicted of a misdemeanor or felony and who is sentenced  to
23    a   term  of  imprisonment  in  the  Illinois  Department  of
24    Corrections shall as a condition of his or  her  sentence  be
25    required  by the court to attend educational courses designed
26    to prepare the defendant for a high  school  diploma  and  to
27    work  toward  a high school diploma or to work toward passing
28    the high school level Test of General Educational Development
29    (GED) or to work  toward  completing  a  vocational  training
30    program  offered  by  the  Department  of  Corrections.  If a
31    defendant fails to complete the educational training required
32    by his or her sentence during the term of incarceration,  the
33    Prisoner  Review  Board  shall,  as  a condition of mandatory
34    supervised release, require the defendant, at his or her  own
 
                            -22-               LRB9207679ARsb
 1    expense,  to  pursue  a  course of study toward a high school
 2    diploma or passage of the  GED  test.   The  Prisoner  Review
 3    Board  shall  revoke  the  mandatory  supervised release of a
 4    defendant who wilfully fails to comply with  this  subsection
 5    (j-5)  upon  his  or  her release from confinement in a penal
 6    institution while  serving  a  mandatory  supervised  release
 7    term;  however, the inability of the defendant after making a
 8    good faith effort to obtain financial  aid  or  pay  for  the
 9    educational  training shall not be deemed a wilful failure to
10    comply.   The  Prisoner  Review  Board  shall  recommit   the
11    defendant  whose  mandatory  supervised release term has been
12    revoked under this subsection (j-5) as  provided  in  Section
13    3-3-9.   This  subsection (j-5) does not apply to a defendant
14    who has a high school diploma or has successfully passed  the
15    GED test. This subsection (j-5) does not apply to a defendant
16    who is determined by the court to be developmentally disabled
17    or otherwise mentally incapable of completing the educational
18    or vocational program.
19        (k)  A court may not impose a sentence or disposition for
20    a  felony  or  misdemeanor  that requires the defendant to be
21    implanted or injected with  or  to  use  any  form  of  birth
22    control.
23        (l) (A)  Except   as   provided   in   paragraph  (C)  of
24        subsection (l), whenever a defendant, who is an alien  as
25        defined  by  the  Immigration  and  Nationality  Act,  is
26        convicted of any felony or misdemeanor offense, the court
27        after  sentencing  the  defendant may, upon motion of the
28        State's Attorney, hold sentence in  abeyance  and  remand
29        the  defendant  to the custody of the Attorney General of
30        the United States or his or her designated  agent  to  be
31        deported when:
32                  (1)  a  final  order  of  deportation  has been
33             issued against the defendant pursuant to proceedings
34             under the Immigration and Nationality Act, and
 
                            -23-               LRB9207679ARsb
 1                  (2)  the deportation of the defendant would not
 2             deprecate the seriousness of the defendant's conduct
 3             and would not  be  inconsistent  with  the  ends  of
 4             justice.
 5             Otherwise,  the  defendant  shall  be  sentenced  as
 6        provided in this Chapter V.
 7             (B)  If the defendant has already been sentenced for
 8        a  felony  or  misdemeanor offense, or has been placed on
 9        probation under Section 10 of the Cannabis Control Act or
10        Section 410 of the Illinois  Controlled  Substances  Act,
11        the  court  may,  upon  motion of the State's Attorney to
12        suspend the sentence imposed, commit the defendant to the
13        custody of the Attorney General of the United  States  or
14        his or her designated agent when:
15                  (1)  a  final  order  of  deportation  has been
16             issued against the defendant pursuant to proceedings
17             under the Immigration and Nationality Act, and
18                  (2)  the deportation of the defendant would not
19             deprecate the seriousness of the defendant's conduct
20             and would not  be  inconsistent  with  the  ends  of
21             justice.
22             (C)  This subsection (l) does not apply to offenders
23        who  are  subject  to  the provisions of paragraph (2) of
24        subsection (a) of Section 3-6-3.
25             (D)  Upon motion  of  the  State's  Attorney,  if  a
26        defendant  sentenced  under  this  Section returns to the
27        jurisdiction of the United States, the defendant shall be
28        recommitted to the custody of the county from which he or
29        she was sentenced. Thereafter,  the  defendant  shall  be
30        brought before the sentencing court, which may impose any
31        sentence  that  was  available under Section 5-5-3 at the
32        time of initial sentencing.  In addition,  the  defendant
33        shall  not be eligible for additional good conduct credit
34        for meritorious service as provided under Section 3-6-6.
 
                            -24-               LRB9207679ARsb
 1        (m)  A  person  convicted  of  criminal   defacement   of
 2    property  under  Section 21-1.3 of the Criminal Code of 1961,
 3    in which the property damage exceeds $300  and  the  property
 4    damaged  is  a  school  building, shall be ordered to perform
 5    community service  that  may  include  cleanup,  removal,  or
 6    painting over the defacement.
 7        (n)  As  part  of a sentence for a defendant convicted of
 8    any felony, the defendant must be ordered  to  surrender  any
 9    firearms  in  his  possession  and to mail his or her Firearm
10    Owner's  Identification  Card  to  the  Department  of  State
11    Police, postmarked no later than 24 hours after the  date  of
12    sentencing.
13        (o)  Upon  conviction  of  a  felony,  the  clerk  of the
14    circuit  court  shall,  within  24  hours  of  the  date   of
15    conviction,  notify  the  Department  of  State Police of the
16    conviction.
17        (p)  For any defendant  convicted  of  a  felony,  a  law
18    enforcement  agency  may,  without  the  defendant's consent,
19    search the defendant's person, residence  or  other  real  or
20    personal property and seize any firearms found.
21    (Source: P.A. 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680,
22    eff.  1-1-99;  90-685,  eff.  1-1-99;  90-787,  eff. 8-14-98;
23    91-357, eff.  7-29-99;  91-404,  eff.  1-1-00;  91-663,  eff.
24    12-22-99; 91-695, eff. 4-13-00.)

25        (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
26        Sec.  5-6-3.  Conditions  of Probation and of Conditional
27    Discharge.
28        (a)  The  conditions  of  probation  and  of  conditional
29    discharge shall be that the person:
30             (1)  not  violate  any  criminal  statute   of   any
31        jurisdiction;
32             (2)  report  to  or  appear  in  person  before such
33        person or agency as directed by the court;
 
                            -25-               LRB9207679ARsb
 1             (3)  refrain from  possessing  a  firearm  or  other
 2        dangerous weapon;
 3             (4)  not  leave the State without the consent of the
 4        court or, in circumstances in which the  reason  for  the
 5        absence is of such an emergency nature that prior consent
 6        by   the   court  is  not  possible,  without  the  prior
 7        notification  and  approval  of  the  person's  probation
 8        officer;
 9             (5)  permit the probation officer to  visit  him  at
10        his   home  or  elsewhere  to  the  extent  necessary  to
11        discharge his duties;
12             (6)  perform no less  than  30  hours  of  community
13        service and not more than 120 hours of community service,
14        if community service is available in the jurisdiction and
15        is  funded  and  approved  by  the county board where the
16        offense was committed, where the offense was  related  to
17        or  in  furtherance  of  the  criminal  activities  of an
18        organized  gang  and  was  motivated  by  the  offender's
19        membership in or allegiance to an  organized  gang.   The
20        community  service  shall include, but not be limited to,
21        the  cleanup  and  repair  of  any  damage  caused  by  a
22        violation of Section 21-1.3 of the Criminal Code of  1961
23        and   similar  damage  to  property  located  within  the
24        municipality or county in which the  violation  occurred.
25        When  possible  and  reasonable,  the  community  service
26        should  be performed in the offender's neighborhood.  For
27        purposes  of  this  Section,  "organized  gang"  has  the
28        meaning ascribed to it in  Section  10  of  the  Illinois
29        Streetgang Terrorism Omnibus Prevention Act;
30             (7)  if  he  or  she is at least 17 years of age and
31        has been sentenced to probation or conditional  discharge
32        for  a  misdemeanor or felony in a county of 3,000,000 or
33        more inhabitants and has not been previously convicted of
34        a  misdemeanor  or  felony,  may  be  required   by   the
 
                            -26-               LRB9207679ARsb
 1        sentencing  court  to attend educational courses designed
 2        to prepare the defendant for a high school diploma and to
 3        work toward a high  school  diploma  or  to  work  toward
 4        passing the high school level Test of General Educational
 5        Development   (GED)   or  to  work  toward  completing  a
 6        vocational training program approved by the  court.   The
 7        person  on probation or conditional discharge must attend
 8        a  public  institution  of  education   to   obtain   the
 9        educational  or  vocational  training  required  by  this
10        clause  (7).   The  court  shall  revoke the probation or
11        conditional discharge of a person who wilfully  fails  to
12        comply  with this clause (7).  The person on probation or
13        conditional discharge shall be required to  pay  for  the
14        cost  of the educational courses or GED test, if a fee is
15        charged for those  courses  or  test.   The  court  shall
16        resentence  the  offender  whose probation or conditional
17        discharge has been revoked as provided in Section  5-6-4.
18        This clause (7) does not apply to a person who has a high
19        school  diploma  or has successfully passed the GED test.
20        This clause (7)  does  not  apply  to  a  person  who  is
21        determined by the court to be developmentally disabled or
22        otherwise    mentally   incapable   of   completing   the
23        educational or vocational program; and
24             (8)   if convicted  of  possession  of  a  substance
25        prohibited  by  the  Cannabis  Control  Act  or  Illinois
26        Controlled  Substances Act after a previous conviction or
27        disposition of supervision for possession of a  substance
28        prohibited  by  the  Cannabis  Control  Act  or  Illinois
29        Controlled   Substances   Act  or  after  a  sentence  of
30        probation under Section 10 of the Cannabis Control Act or
31        Section 410 of the Illinois Controlled Substances Act and
32        upon a finding by the court that the person is  addicted,
33        undergo  treatment  at a substance abuse program approved
34        by the court;.
 
                            -27-               LRB9207679ARsb
 1             (9)  surrender any weapons in his or her  possession
 2        and  mail  his or her Firearm Owner's Identification Card
 3        to  the  Department  of  State  Police,  as  provided  by
 4        subsection (n) of Section 5-5-3; and
 5             (10)  Allow a law enforcement officer to search  his
 6        person, residence, or other real or personal property for
 7        any firearms.
 8        (b)  The  Court  may  in  addition  to  other  reasonable
 9    conditions  relating  to  the  nature  of  the offense or the
10    rehabilitation  of  the  defendant  as  determined  for  each
11    defendant in the proper discretion of the Court require  that
12    the person:
13             (1)  serve  a  term  of  periodic imprisonment under
14        Article 7 for a period not to exceed  that  specified  in
15        paragraph (d) of Section 5-7-1;
16             (2)  pay a fine and costs;
17             (3)  work  or pursue a course of study or vocational
18        training;
19             (4)  undergo medical, psychological  or  psychiatric
20        treatment; or treatment for drug addiction or alcoholism;
21             (5)  attend  or reside in a facility established for
22        the instruction or residence of defendants on probation;
23             (6)  support his dependents;
24             (7)  and in addition, if a minor:
25                  (i)  reside with his parents  or  in  a  foster
26             home;
27                  (ii)  attend school;
28                  (iii)  attend  a  non-residential  program  for
29             youth;
30                  (iv)  contribute  to his own support at home or
31             in a foster home;
32             (8)  make restitution as provided in  Section  5-5-6
33        of this Code;
34             (9)  perform  some  reasonable  public  or community
 
                            -28-               LRB9207679ARsb
 1        service;
 2             (10)  serve a term of home confinement.  In addition
 3        to  any  other  applicable  condition  of  probation   or
 4        conditional discharge, the conditions of home confinement
 5        shall be that the offender:
 6                  (i)  remain within the interior premises of the
 7             place  designated  for  his  confinement  during the
 8             hours designated by the court;
 9                  (ii)  admit any person or agent  designated  by
10             the  court  into the offender's place of confinement
11             at any time for purposes of verifying the offender's
12             compliance with the conditions of  his  confinement;
13             and
14                  (iii)  if further deemed necessary by the court
15             or  the  Probation  or Court Services Department, be
16             placed on an approved electronic monitoring  device,
17             subject to Article 8A of Chapter V;
18                  (iv)  for  persons  convicted  of  any alcohol,
19             cannabis or controlled substance violation  who  are
20             placed   on  an  approved  monitoring  device  as  a
21             condition of probation or conditional discharge, the
22             court shall impose a reasonable fee for each day  of
23             the  use of the device, as established by the county
24             board in subsection  (g)  of  this  Section,  unless
25             after  determining  the inability of the offender to
26             pay the fee, the court assesses a lesser fee  or  no
27             fee as the case may be. This fee shall be imposed in
28             addition  to  the fees imposed under subsections (g)
29             and (i) of this Section. The fee shall be  collected
30             by the clerk of the circuit court.  The clerk of the
31             circuit  court  shall  pay all monies collected from
32             this fee to the county treasurer for deposit in  the
33             substance abuse services fund under Section 5-1086.1
34             of the Counties Code; and
 
                            -29-               LRB9207679ARsb
 1                  (v)  for  persons  convicted  of offenses other
 2             than those referenced in clause (iv) above  and  who
 3             are  placed  on  an  approved monitoring device as a
 4             condition of probation or conditional discharge, the
 5             court shall impose a reasonable fee for each day  of
 6             the  use of the device, as established by the county
 7             board in subsection  (g)  of  this  Section,  unless
 8             after  determining the inability of the defendant to
 9             pay the fee, the court assesses a lesser fee  or  no
10             fee  as  the case may be.  This fee shall be imposed
11             in addition to the fees  imposed  under  subsections
12             (g)  and  (i)  of  this  Section.   The fee shall be
13             collected by the clerk of the  circuit  court.   The
14             clerk  of  the  circuit  court  shall pay all monies
15             collected from this fee to the county treasurer  who
16             shall  use  the monies collected to defray the costs
17             of corrections.  The county treasurer shall  deposit
18             the  fee  collected  in the county working cash fund
19             under Section 6-27001  or  Section  6-29002  of  the
20             Counties Code, as the case may be.
21             (11)  comply  with  the  terms  and conditions of an
22        order of protection issued by the court pursuant  to  the
23        Illinois  Domestic  Violence  Act  of  1986,  as  now  or
24        hereafter  amended,  or  an order of protection issued by
25        the court of  another  state,  tribe,  or  United  States
26        territory.  A  copy  of  the order of protection shall be
27        transmitted to the probation  officer  or  agency  having
28        responsibility for the case;
29             (12)  reimburse  any  "local  anti-crime program" as
30        defined in Section 7 of the Anti-Crime  Advisory  Council
31        Act  for  any reasonable expenses incurred by the program
32        on the offender's case, not to exceed the maximum  amount
33        of  the  fine  authorized  for  the offense for which the
34        defendant was sentenced;
 
                            -30-               LRB9207679ARsb
 1             (13)  contribute a reasonable sum of money,  not  to
 2        exceed  the maximum amount of the fine authorized for the
 3        offense for which  the  defendant  was  sentenced,  to  a
 4        "local  anti-crime  program",  as defined in Section 7 of
 5        the Anti-Crime Advisory Council Act;
 6             (14)  refrain  from  entering  into   a   designated
 7        geographic area except upon such terms as the court finds
 8        appropriate.  Such terms may include consideration of the
 9        purpose of the entry, the  time  of  day,  other  persons
10        accompanying  the  defendant,  and  advance approval by a
11        probation officer, if the defendant has  been  placed  on
12        probation  or  advance  approval  by  the  court,  if the
13        defendant was placed on conditional discharge;
14             (15)  refrain from having any contact,  directly  or
15        indirectly,  with certain specified persons or particular
16        types of persons, including but not limited to members of
17        street gangs and drug users or dealers;
18             (16)  refrain from having in his  or  her  body  the
19        presence  of  any illicit drug prohibited by the Cannabis
20        Control Act or the Illinois  Controlled  Substances  Act,
21        unless  prescribed  by a physician, and submit samples of
22        his or her blood or urine or both for tests to  determine
23        the presence of any illicit drug.
24        (c)  The  court  may  as  a  condition of probation or of
25    conditional discharge require that a person under 18 years of
26    age found guilty  of  any  alcohol,  cannabis  or  controlled
27    substance   violation,  refrain  from  acquiring  a  driver's
28    license  during  the  period  of  probation  or   conditional
29    discharge.   If  such  person is in possession of a permit or
30    license, the court may require that the  minor  refrain  from
31    driving  or  operating any motor vehicle during the period of
32    probation  or  conditional  discharge,  except  as   may   be
33    necessary in the course of the minor's lawful employment.
34        (d)  An offender sentenced to probation or to conditional
 
                            -31-               LRB9207679ARsb
 1    discharge  shall  be  given  a  certificate setting forth the
 2    conditions thereof.
 3        (e)  The court shall not require as a  condition  of  the
 4    sentence  of  probation  or  conditional  discharge  that the
 5    offender be committed to a period of imprisonment  in  excess
 6    of 6 months.  This 6 month limit shall not include periods of
 7    confinement  given  pursuant  to  a sentence of county impact
 8    incarceration under Section 5-8-1.2.
 9        Persons committed  to  imprisonment  as  a  condition  of
10    probation  or conditional discharge shall not be committed to
11    the Department of Corrections.
12        (f)  The  court  may  combine  a  sentence  of   periodic
13    imprisonment under Article 7 or a sentence to a county impact
14    incarceration  program  under  Article  8  with a sentence of
15    probation or conditional discharge.
16        (g)  An offender sentenced to probation or to conditional
17    discharge  and  who  during  the  term  of  either  undergoes
18    mandatory drug or alcohol testing, or both, or is assigned to
19    be placed on an approved electronic monitoring device,  shall
20    be ordered to pay all costs incidental to such mandatory drug
21    or alcohol testing, or both, and all costs incidental to such
22    approved   electronic   monitoring  in  accordance  with  the
23    defendant's ability to pay those  costs.   The  county  board
24    with  the  concurrence  of  the  Chief  Judge of the judicial
25    circuit in  which  the  county  is  located  shall  establish
26    reasonable  fees  for  the  cost of maintenance, testing, and
27    incidental expenses related to the mandatory drug or  alcohol
28    testing,  or  both,  and  all  costs  incidental  to approved
29    electronic monitoring, involved  in  a  successful  probation
30    program  for  the county.  The concurrence of the Chief Judge
31    shall be in the form of an  administrative  order.  The  fees
32    shall  be  collected  by the clerk of the circuit court.  The
33    clerk of the circuit court shall  pay  all  moneys  collected
34    from  these  fees  to  the county treasurer who shall use the
 
                            -32-               LRB9207679ARsb
 1    moneys collected to defray the costs of drug testing, alcohol
 2    testing, and  electronic  monitoring.  The  county  treasurer
 3    shall  deposit  the fees collected in the county working cash
 4    fund under Section 6-27001 or Section 6-29002 of the Counties
 5    Code, as the case may be.
 6        (h)  Jurisdiction over an  offender  may  be  transferred
 7    from  the  sentencing  court  to the court of another circuit
 8    with the concurrence of both  courts,  or  to  another  state
 9    under   an   Interstate  Probation  Reciprocal  Agreement  as
10    provided in Section 3-3-11.  Further transfers or retransfers
11    of jurisdiction are also authorized in the same manner.   The
12    court  to  which jurisdiction has been transferred shall have
13    the same powers as the sentencing court.
14        (i)  The court shall impose upon an offender sentenced to
15    probation after January 1, 1989 or to  conditional  discharge
16    after  January  1,  1992, as a condition of such probation or
17    conditional discharge,  a  fee  of  $25  for  each  month  of
18    probation or conditional discharge supervision ordered by the
19    court,  unless  after determining the inability of the person
20    sentenced to probation or conditional discharge  to  pay  the
21    fee,  the  court  assesses  a  lesser  fee. The court may not
22    impose the fee on a minor who is made a  ward  of  the  State
23    under  the  Juvenile  Court Act of 1987 while the minor is in
24    placement. The fee shall be imposed only upon an offender who
25    is actively supervised by the probation  and  court  services
26    department.   The  fee shall be collected by the clerk of the
27    circuit court.  The clerk of the circuit court shall pay  all
28    monies  collected  from  this fee to the county treasurer for
29    deposit in  the  probation  and  court  services  fund  under
30    Section 15.1 of the Probation and Probation Officers Act.
31        (j)  All  fines  and costs imposed under this Section for
32    any violation of Chapters 3, 4, 6, and  11  of  the  Illinois
33    Vehicle  Code,  or  a similar provision of a local ordinance,
34    and any violation of the Child Passenger Protection Act, or a
 
                            -33-               LRB9207679ARsb
 1    similar provision of a local ordinance,  shall  be  collected
 2    and  disbursed by the circuit clerk as provided under Section
 3    27.5 of the Clerks of Courts Act.
 4    (Source: P.A.  90-14,  eff.  7-1-97;  90-399,  eff.   1-1-98;
 5    90-504,  eff.  1-1-98;  90-655,  eff.  7-30-98;  91-325, eff.
 6    7-29-99; 91-696, eff. 4-13-00; 91-903, eff. 1-1-01.)

 7        (730 ILCS 5/5-6-4) (from Ch. 38, par. 1005-6-4)
 8        Sec. 5-6-4.  Violation,  Modification  or  Revocation  of
 9    Probation,  of  Conditional  Discharge or Supervision or of a
10    sentence of county impact incarceration - Hearing.
11        (a)  Except  in  cases  where  conditional  discharge  or
12    supervision was imposed for a petty  offense  as  defined  in
13    Section 5-1-17, when a petition is filed charging a violation
14    of a condition, the court may:
15             (1)  in  the case of probation violations, order the
16        issuance of a notice to the offender to be present by the
17        County  Probation  Department  or   such   other   agency
18        designated  by the court to handle probation matters; and
19        in the  case  of  conditional  discharge  or  supervision
20        violations,  such  notice to the offender shall be issued
21        by the  Circuit  Court  Clerk;  and  in  the  case  of  a
22        violation  of  a sentence of county impact incarceration,
23        such notice shall be issued by the Sheriff;
24             (2)  order a summons to the offender to  be  present
25        for hearing; or
26             (3)  order a warrant for the offender's arrest where
27        there  is  danger  of  his  fleeing  the  jurisdiction or
28        causing serious harm to others or when the offender fails
29        to answer a summons or notice from the clerk of the court
30        or Sheriff.
31        Personal  service  of  the  petition  for  violation   of
32    probation  or the issuance of such warrant, summons or notice
33    shall toll the period of  probation,  conditional  discharge,
 
                            -34-               LRB9207679ARsb
 1    supervision, or sentence of county impact incarceration until
 2    the  final  determination  of  the  charge,  and  the term of
 3    probation, conditional discharge, supervision, or sentence of
 4    county impact incarceration shall not run until  the  hearing
 5    and disposition of the petition for violation.
 6        (b)  The  court  shall  conduct  a hearing of the alleged
 7    violation. The court shall admit the offender to bail pending
 8    the hearing unless the alleged violation is itself a criminal
 9    offense in which case the offender shall be admitted to  bail
10    on  such  terms  as  are  provided  in  the  Code of Criminal
11    Procedure of 1963, as amended. In any case where an  offender
12    remains   incarcerated  only  as  a  result  of  his  alleged
13    violation  of  the  court's  earlier  order   of   probation,
14    supervision,   conditional   discharge,   or   county  impact
15    incarceration such hearing shall be held within  14  days  of
16    the onset of said incarceration, unless the alleged violation
17    is  the  commission of another offense by the offender during
18    the period of probation, supervision or conditional discharge
19    in which case such hearing shall  be  held  within  the  time
20    limits  described  in  Section  103-5 of the Code of Criminal
21    Procedure of 1963, as amended.
22        (c)  The State has the burden of going forward  with  the
23    evidence  and  proving  the violation by the preponderance of
24    the evidence. The evidence shall be presented in  open  court
25    with  the  right  of  confrontation,  cross-examination,  and
26    representation by counsel.
27        (d)  Probation,     conditional    discharge,    periodic
28    imprisonment and supervision shall not be revoked for failure
29    to comply with conditions of a sentence or supervision, which
30    imposes financial obligations upon the offender  unless  such
31    failure is due to his willful refusal to pay.
32        (d-5)  Probation,   conditional  discharge,  or  periodic
33    imprisonment imposed for a felony offense shall be revoked if
34    the defendant possesses any firearm.
 
                            -35-               LRB9207679ARsb
 1        (e)  If the court finds that the offender has violated  a
 2    condition  at any time prior to the expiration or termination
 3    of the period, it may continue him on the existing  sentence,
 4    with or without modifying or enlarging the conditions, or may
 5    impose  any  other  sentence that was available under Section
 6    5-5-3 at the time of initial sentencing. If the  court  finds
 7    that  the  person  has failed to successfully complete his or
 8    her sentence to a county impact  incarceration  program,  the
 9    court  may impose any other sentence that was available under
10    Section 5-5-3 at the time of initial sentencing, except for a
11    sentence of probation or conditional discharge.
12        (f)  The  conditions   of   probation,   of   conditional
13    discharge,  of supervision, or of a sentence of county impact
14    incarceration may be modified by the court on motion  of  the
15    supervising  agency or on its own motion or at the request of
16    the offender after notice and a hearing.
17        (g)  A   judgment   revoking   supervision,    probation,
18    conditional   discharge,  or  a  sentence  of  county  impact
19    incarceration is a final appealable order.
20        (h)  Resentencing   after   revocation   of    probation,
21    conditional  discharge,  supervision, or a sentence of county
22    impact incarceration shall be under Article 4. Time served on
23    probation,  conditional discharge or supervision shall not be
24    credited by the court against a sentence of  imprisonment  or
25    periodic imprisonment unless the court orders otherwise.
26        (i)  Instead   of   filing   a  violation  of  probation,
27    conditional discharge, supervision, or a sentence  of  county
28    impact incarceration, an agent or employee of the supervising
29    agency  with  the  concurrence  of  his or her supervisor may
30    serve on the defendant a Notice  of  Intermediate  Sanctions.
31    The   Notice   shall   contain  the  technical  violation  or
32    violations involved, the date or dates of  the  violation  or
33    violations,  and  the  intermediate  sanctions to be imposed.
34    Upon receipt of the Notice, the defendant  shall  immediately
 
                            -36-               LRB9207679ARsb
 1    accept   or   reject  the  intermediate  sanctions.   If  the
 2    sanctions are accepted, they shall  be  imposed  immediately.
 3    If  the  intermediate sanctions are rejected or the defendant
 4    does not respond to the Notice,  a  violation  of  probation,
 5    conditional  discharge,  supervision, or a sentence of county
 6    impact incarceration shall  be  immediately  filed  with  the
 7    court.   The  State's Attorney and the sentencing court shall
 8    be notified of the  Notice  of  Sanctions.   Upon  successful
 9    completion  of  the  intermediate  sanctions, a court may not
10    revoke probation, conditional discharge,  supervision,  or  a
11    sentence  of county impact incarceration or impose additional
12    sanctions for the same violation. A  notice  of  intermediate
13    sanctions  may  not be issued for any violation of probation,
14    conditional discharge, supervision, or a sentence  of  county
15    impact  incarceration  which  could  warrant  an  additional,
16    separate  felony  charge.  The  intermediate  sanctions shall
17    include a term of home detention as provided in Article 8A of
18    Chapter V of this Code for multiple or repeat  violations  of
19    the   terms  and  conditions  of  a  sentence  of  probation,
20    conditional discharge, or supervision.
21    (Source: P.A. 89-198, eff.  7-21-95;  89-587,  eff.  7-31-96;
22    89-647, eff. 1-1-97; 90-14, eff. 7-1-97.)

23        Section  99.  Effective date.  This Act takes effect upon
24    becoming law.

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