State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]


92_SB1058enr

 
SB1058 Enrolled                                LRB9203273RCdv

 1        AN ACT in relation to  probation  and  pretrial  services
 2    fees.

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

 5        Section 5.  The Juvenile Court Act of 1987 is amended  by
 6    changing  Sections  3-21,  3-24,  4-18,  4-21,  and  5-305 as
 7    follows:

 8        (705 ILCS 405/3-21) (from Ch. 37, par. 803-21)
 9        Sec. 3-21.  Continuance under supervision.  (1) The court
10    may enter an order of continuance under supervision (a)  upon
11    an  admission or stipulation by the appropriate respondent or
12    minor respondent of the facts  supporting  the  petition  and
13    before  proceeding  to  findings  and  adjudication, or after
14    hearing the evidence at the adjudicatory hearing  but  before
15    noting  in the minutes of proceedings a finding of whether or
16    not  the  minor   is   a   person   requiring   authoritative
17    intervention;  and  (b)  in  the absence of objection made in
18    open court by the minor,  his  parent,  guardian,  custodian,
19    responsible   relative,   defense  attorney  or  the  State's
20    Attorney.
21        (2)  If  the  minor,  his  parent,  guardian,  custodian,
22    responsible relative, defense attorney or  State's  Attorney,
23    objects  in  open  court  to any such continuance and insists
24    upon proceeding to findings and adjudication, the court shall
25    so proceed.
26        (3)  Nothing in this Section  limits  the  power  of  the
27    court   to  order  a  continuance  of  the  hearing  for  the
28    production of additional evidence or  for  any  other  proper
29    reason.
30        (4)  When  a  hearing  where  a  minor is alleged to be a
31    minor  requiring  authoritative  intervention  is   continued

 
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 1    pursuant  to  this Section, the court may permit the minor to
 2    remain in his home subject to such conditions concerning  his
 3    conduct and supervision as the court may require by order.
 4        (5)  If  a  petition  is  filed charging a violation of a
 5    condition of the continuance  under  supervision,  the  court
 6    shall  conduct  a  hearing.  If  the  court  finds  that such
 7    condition of supervision has not been fulfilled the court may
 8    proceed to findings and adjudication  and  disposition.   The
 9    filing  of  a  petition  for  violation of a condition of the
10    continuance  under  supervision  shall  toll  the  period  of
11    continuance under supervision until the  final  determination
12    of  the  charge,  and  the  term  of  the  continuance  under
13    supervision  shall  not run until the hearing and disposition
14    of the petition for violation; provided  where  the  petition
15    alleges  conduct that does not constitute a criminal offense,
16    the hearing must be held within 15 days of the filing of  the
17    petition  unless  a delay in such hearing has been occasioned
18    by the minor, in which case  the  delay  shall  continue  the
19    tolling  of  the  period of continuance under supervision for
20    the period of such delay.
21        (6)  The court must impose upon a minor under an order of
22    continuance under supervision  or  an  order  of  disposition
23    under this Article III, as a condition of the order, a fee of
24    $25  for  each  month  or partial month of supervision with a
25    probation officer.  If the court determines the inability  of
26    the minor, or the parent, guardian, or legal custodian of the
27    minor to pay the fee, the court may impose a lesser fee.  The
28    court may not impose the fee on a minor who is made a ward of
29    the State under this Act.  The fee may be imposed only upon a
30    minor  who  is actively supervised by the probation and court
31    services department.  The fee must be collected by the  clerk
32    of  the  circuit  court.  The clerk of the circuit court must
33    pay  all  monies  collected  from  this  fee  to  the  county
34    treasurer for deposit into the probation and  court  services
 
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 1    fund  under  Section  15.1  of  the  Probation  and Probation
 2    Officers Act.
 3    (Source: P.A. 85-601.)

 4        (705 ILCS 405/3-24) (from Ch. 37, par. 803-24)
 5        Sec. 3-24.  Kinds of dispositional orders.
 6        (1)  The following kinds of orders of disposition may  be
 7    made  in  respect  to wards of the court: A minor found to be
 8    requiring authoritative intervention under Section 3-3 may be
 9    (a) committed  to  the  Department  of  Children  and  Family
10    Services,  subject  to  Section  5 of the Children and Family
11    Services Act; (b) placed under supervision  and  released  to
12    his  or  her parents, guardian or legal custodian; (c) placed
13    in accordance with Section 3-28 with or  without  also  being
14    placed  under  supervision.  Conditions of supervision may be
15    modified or terminated by the court if it deems that the best
16    interests of the minor and the public will be served thereby;
17    (d) ordered partially or completely emancipated in accordance
18    with the provisions of the Emancipation of Mature Minors Act;
19    or (e) subject to having  his  or  her  driver's  license  or
20    driving  privilege  suspended  for such time as determined by
21    the Court but only until he or she attains 18 years of age.
22        (2)  Any order of disposition may provide for  protective
23    supervision  under  Section  3-25 and may include an order of
24    protection under Section 3-26.
25        (3)  Unless  the  order  of  disposition   expressly   so
26    provides,  it  does  not  operate to close proceedings on the
27    pending petition, but is subject to modification until  final
28    closing and discharge of the proceedings under Section 3-32.
29        (4)  In  addition  to any other order of disposition, the
30    court may order any person found  to  be  a  minor  requiring
31    authoritative   intervention   under   Section  3-3  to  make
32    restitution, in monetary  or  non-monetary  form,  under  the
33    terms  and conditions of Section 5-5-6 of the Unified Code of
 
SB1058 Enrolled             -4-                LRB9203273RCdv
 1    Corrections, except that the "presentence  hearing"  referred
 2    to therein shall be the dispositional hearing for purposes of
 3    this  Section.   The  parent, guardian  or legal custodian of
 4    the minor may pay some or all  of  such  restitution  on  the
 5    minor's behalf.
 6        (5)  Any   order  for  disposition  where  the  minor  is
 7    committed or placed in accordance  with  Section  3-28  shall
 8    provide  for  the  parents  or guardian of the estate of such
 9    minor to pay to the legal custodian or guardian of the person
10    of the minor such sums as are determined by the custodian  or
11    guardian  of  the  person  of  the minor as necessary for the
12    minor's needs. Such  payments  may  not  exceed  the  maximum
13    amounts  provided  for  by  Section  9.1  of the Children and
14    Family Services Act.
15        (6)  Whenever the order of disposition requires the minor
16    to attend school or participate in a program of training, the
17    truant officer or designated school official shall  regularly
18    report  to  the  court  if the minor is a chronic or habitual
19    truant under Section 26-2a of the School Code.
20        (7)  The court must impose upon a minor under an order of
21    continuance under supervision  or  an  order  of  disposition
22    under this Article III, as a condition of the order, a fee of
23    $25  for  each  month  or partial month of supervision with a
24    probation officer.  If the court determines the inability  of
25    the minor, or the parent, guardian, or legal custodian of the
26    minor to pay the fee, the court may impose a lesser fee.  The
27    court may not impose the fee on a minor who is made a ward of
28    the State under this Act.  The fee may be imposed only upon a
29    minor  who  is actively supervised by the probation and court
30    services department.  The fee must be collected by the  clerk
31    of  the  circuit  court.  The clerk of the circuit court must
32    pay  all  monies  collected  from  this  fee  to  the  county
33    treasurer for deposit into the probation and  court  services
34    fund  under  Section  15.1  of  the  Probation  and Probation
 
SB1058 Enrolled             -5-                LRB9203273RCdv
 1    Officers Act.
 2    (Source: P.A. 89-235, eff. 8-4-95; 90-590, eff. 1-1-99.)

 3        (705 ILCS 405/4-18) (from Ch. 37, par. 804-18)
 4        Sec. 4-18.  Continuance under supervision.  (1) The court
 5    may enter an order of continuance under supervision (a)  upon
 6    an  admission or stipulation by the appropriate respondent or
 7    minor respondent of the facts  supporting  the  petition  and
 8    before  proceeding  to  findings  and  adjudication, or after
 9    hearing the evidence at the adjudicatory hearing  but  before
10    noting  in the minutes of the proceeding a finding of whether
11    or not the minor is an addict, and  (b)  in  the  absence  of
12    objection  made  in  open  court  by  the  minor, his parent,
13    guardian, custodian, responsible relative,  defense  attorney
14    or the State's Attorney.
15        (2)  If  the  minor,  his  parent,  guardian,  custodian,
16    responsible  relative,  defense attorney or State's Attorney,
17    objects in open court to any  such  continuance  and  insists
18    upon proceeding to findings and adjudication, the court shall
19    so proceed.
20        (3)  Nothing  in  this  Section  limits  the power of the
21    court  to  order  a  continuance  of  the  hearing  for   the
22    production  of  additional  evidence  or for any other proper
23    reason.
24        (4)  When  a  hearing  is  continued  pursuant  to   this
25    Section, the court may permit the minor to remain in his home
26    subject   to  such  conditions  concerning  his  conduct  and
27    supervision as the court may require by order.
28        (5)  If a petition is filed charging  a  violation  of  a
29    condition  of  the  continuance  under supervision, the court
30    shall conduct  a  hearing.  If  the  court  finds  that  such
31    condition of supervision has not been fulfilled the court may
32    proceed  to  findings  and adjudication and disposition.  The
33    filing of a petition for violation  of  a  condition  of  the
 
SB1058 Enrolled             -6-                LRB9203273RCdv
 1    continuance  under  supervision  shall  toll  the  period  of
 2    continuance  under  supervision until the final determination
 3    of  the  charge,  and  the  term  of  the  continuance  under
 4    supervision shall not run until the hearing  and  disposition
 5    of  the  petition  for violation; provided where the petition
 6    alleges conduct that does not constitute a criminal  offense,
 7    the  hearing must be held within 15 days of the filing of the
 8    petition unless a delay in such hearing has  been  occasioned
 9    by  the  minor,  in  which  case the delay shall continue the
10    tolling of the period of continuance  under  supervision  for
11    the period of such delay.
12        (6)  The court must impose upon a minor under an order of
13    continuance  under  supervision  or  an  order of disposition
14    under this Article IV, as a condition of the order, a fee  of
15    $25  for  each  month  or partial month of supervision with a
16    probation officer.  If the court determines the inability  of
17    the minor, or the parent, guardian, or legal custodian of the
18    minor to pay the fee, the court may impose a lesser fee.  The
19    court may not impose the fee on a minor who is made a ward of
20    the State under this Act.  The fee may be imposed only upon a
21    minor  who  is actively supervised by the probation and court
22    services department.  The fee must be collected by the  clerk
23    of  the  circuit  court.  The clerk of the circuit court must
24    pay  all  monies  collected  from  this  fee  to  the  county
25    treasurer for deposit into the probation and  court  services
26    fund  under  Section  15.1  of  the  Probation  and Probation
27    Officers Act.
28    (Source: P.A. 85-601.)

29        (705 ILCS 405/4-21) (from Ch. 37, par. 804-21)
30        Sec. 4-21.  Kinds of dispositional orders.
31        (1)  A minor found to be addicted under Section  4-3  may
32    be  (a)  committed  to  the Department of Children and Family
33    Services, subject to Section 5 of  the  Children  and  Family
 
SB1058 Enrolled             -7-                LRB9203273RCdv
 1    Services  Act;  (b)  placed under supervision and released to
 2    his or her parents, guardian or legal custodian;  (c)  placed
 3    in  accordance  with  Section 4-25 with or without also being
 4    placed under supervision. Conditions of  supervision  may  be
 5    modified or terminated by the court if it deems that the best
 6    interests of the minor and the public will be served thereby;
 7    (d)  required  to  attend  an  approved alcohol or drug abuse
 8    treatment or counseling program on an inpatient or outpatient
 9    basis instead of or in addition to the disposition  otherwise
10    provided  for  in  this  paragraph;  (e) ordered partially or
11    completely emancipated in accordance with the  provisions  of
12    the  Emancipation  of  Mature  Minors  Act; or (f) subject to
13    having his or  her  driver's  license  or  driving  privilege
14    suspended  for  such time as determined by the Court but only
15    until he or she attains 18  years  of  age.   No  disposition
16    under this subsection shall provide for the minor's placement
17    in a secure facility.
18        (2)  Any  order of disposition may provide for protective
19    supervision under Section 4-22 and may include  an  order  of
20    protection under Section 4-23.
21        (3)  Unless   the   order  of  disposition  expressly  so
22    provides, it does not operate to  close  proceedings  on  the
23    pending  petition, but is subject to modification until final
24    closing and discharge of the proceedings under Section 4-29.
25        (4)  In addition to any other order of  disposition,  the
26    court  may  order  any  minor found to be addicted under this
27    Article as neglected with respect to his or her own injurious
28    behavior, to make restitution, in  monetary  or  non-monetary
29    form,  under the terms and conditions of Section 5-5-6 of the
30    Unified Code of Corrections,  except  that  the  "presentence
31    hearing"  referred  to  therein  shall  be  the dispositional
32    hearing for purposes of this Section.  The  parent,  guardian
33    or  legal  custodian of the minor may pay some or all of such
34    restitution on the minor's behalf.
 
SB1058 Enrolled             -8-                LRB9203273RCdv
 1        (5)  Any order for disposition where the minor is  placed
 2    in accordance with Section 4-25 shall provide for the parents
 3    or  guardian  of the estate of such minor to pay to the legal
 4    custodian or guardian of the person of the minor such sums as
 5    are determined by the custodian or guardian of the person  of
 6    the  minor  as necessary for the minor's needs. Such payments
 7    may not exceed the maximum amounts provided  for  by  Section
 8    9.1 of the Children and Family Services Act.
 9        (6)  Whenever the order of disposition requires the minor
10    to attend school or participate in a program of training, the
11    truant  officer or designated school official shall regularly
12    report to the court if the minor is  a  chronic  or  habitual
13    truant under Section 26-2a of the School Code.
14        (7)  The court must impose upon a minor under an order of
15    continuance  under  supervision  or  an  order of disposition
16    under this Article IV, as a condition of the order, a fee  of
17    $25  for  each  month  or partial month of supervision with a
18    probation officer.  If the court determines the inability  of
19    the minor, or the parent, guardian, or legal custodian of the
20    minor to pay the fee, the court may impose a lesser fee.  The
21    court may not impose the fee on a minor who is made a ward of
22    the State under this Act.  The fee may be imposed only upon a
23    minor  who  is actively supervised by the probation and court
24    services department.  The fee must be collected by the  clerk
25    of  the  circuit  court.  The clerk of the circuit court must
26    pay  all  monies  collected  from  this  fee  to  the  county
27    treasurer for deposit into the probation and  court  services
28    fund  under  Section  15.1  of  the  Probation  and Probation
29    Officers Act.
30    (Source: P.A. 89-202,  eff.  7-21-95;  89-235,  eff.  8-4-95;
31    89-626, eff. 8-9-96; 90-590, eff. 1-1-99.)

32        (705 ILCS 405/5-305)
33        Sec.  5-305.  Probation adjustment.
 
SB1058 Enrolled             -9-                LRB9203273RCdv
 1        (1)  The  court  may  authorize  the probation officer to
 2    confer in a  preliminary  conference  with  a  minor  who  is
 3    alleged  to  have  committed  an  offense, his or her parent,
 4    guardian or legal custodian, the victim, the juvenile  police
 5    officer,  the  State's Attorney, and other interested persons
 6    concerning  the  advisability  of  filing  a  petition  under
 7    Section 5-520,  with  a  view  to  adjusting  suitable  cases
 8    without  the  filing  of  a  petition as provided for in this
 9    Article, the probation officer should schedule  a  conference
10    promptly  except  when  the State's Attorney insists on court
11    action or when the minor has indicated that he  or  she  will
12    demand  a  judicial  hearing  and  will  not  comply  with  a
13    probation adjustment.
14        (1-b)  In  any  case  of  a  minor who is in custody, the
15    holding of a probation adjustment conference does not operate
16    to prolong temporary custody beyond the period  permitted  by
17    Section 5-415.
18        (2)  This   Section  does  not  authorize  any  probation
19    officer to compel any person to  appear  at  any  conference,
20    produce any papers, or visit any place.
21        (3)  No statement made during a preliminary conference in
22    regard  to  the offense that is the subject of the conference
23    may be admitted into evidence at an adjudicatory  hearing  or
24    at  any  proceeding against the minor under the criminal laws
25    of this State prior to his  or  her  conviction  under  those
26    laws.
27        (4)  When  a  probation  adjustment  is  appropriate, the
28    probation  officer  shall  promptly  formulate   a   written,
29    non-judicial    adjustment   plan   following   the   initial
30    conference.
31        (5)  Non-judicial probation adjustment plans include  but
32    are not limited to the following:
33             (a)  up  to 6 months informal supervision within the
34        family;
 
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 1             (b)  up to 12 months  informal  supervision  with  a
 2        probation   officer   involved   which  may  include  any
 3        conditions of probation provided in Section 5-715;
 4             (c)  up  to  6  months  informal  supervision   with
 5        release to a person other than a parent;
 6             (d)  referral to special educational, counseling, or
 7        other rehabilitative social or educational programs;
 8             (e)  referral to residential treatment programs;
 9             (f)  participation  in a public or community service
10        program or activity; and
11             (g)  any other appropriate action with  the  consent
12        of the minor and a parent.
13        (6)  The  factors  to  be  considered  by  the  probation
14    officer  in  formulating  a non-judicial probation adjustment
15    plan shall be the same as those limited in subsection (4)  of
16    Section 5-405.
17        (7)  Beginning  January  1,  2000, the  probation officer
18    who imposes a probation adjustment  plan  shall  assure  that
19    information  about an offense which would constitute a felony
20    if committed by an adult, and  may  assure  that  information
21    about a misdemeanor offense, is transmitted to the Department
22    of State Police.
23    (Source: P.A. 90-590, eff. 1-1-99.)

24        Section  10.   The  Code of Criminal Procedure of 1963 is
25    amended by changing Section 110-10 as follows:

26        (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
27        Sec. 110-10.  Conditions of bail bond.
28        (a)  If a person is released prior to conviction,  either
29    upon   payment  of  bail  security  or  on  his  or  her  own
30    recognizance, the conditions of the bail bond shall  be  that
31    he or she will:
32             (1)  Appear to answer the charge in the court having
 
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 1        jurisdiction  on  a day certain and thereafter as ordered
 2        by the court until  discharged  or  final  order  of  the
 3        court;
 4             (2)  Submit  himself  or  herself  to the orders and
 5        process of the court;
 6             (3)  Not depart this  State  without  leave  of  the
 7        court;
 8             (4)  Not   violate   any  criminal  statute  of  any
 9        jurisdiction;
10             (5)  At a time and place designated  by  the  court,
11        surrender  all firearms in his or her possession to a law
12        enforcement officer  designated  by  the  court  to  take
13        custody  of and impound the firearms when the offense the
14        person has  been  charged  with  is  a  forcible  felony,
15        stalking,  aggravated  stalking,  domestic  battery,  any
16        violation  of  either  the Illinois Controlled Substances
17        Act or the Cannabis Control Act that is classified  as  a
18        Class  2  or  greater  felony, or any felony violation of
19        Article 24 of the Criminal Code of 1961; the  court  may,
20        however,  forgo the imposition of this condition when the
21        circumstances of the case clearly do not  warrant  it  or
22        when  its  imposition  would  be impractical; all legally
23        possessed firearms shall be returned to the  person  upon
24        that  person  completing a sentence for a conviction on a
25        misdemeanor domestic  battery,  upon  the  charges  being
26        dismissed,  or  if the person is found not guilty, unless
27        the finding of not guilty is by reason of insanity; and
28             (6)  At a time and place designated  by  the  court,
29        submit  to a psychological evaluation when the person has
30        been charged with a violation of item (4)  of  subsection
31        (a) of Section 24-1 of the Criminal Code of 1961 and that
32        violation  occurred  in  a  school  or  in any conveyance
33        owned, leased, or contracted by  a  school  to  transport
34        students  to or from school or a school-related activity,
 
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 1        or on any public way within 1,000 feet of  real  property
 2        comprising any school.
 3        Psychological   evaluations   ordered  pursuant  to  this
 4    Section shall be completed promptly and made available to the
 5    State, the defendant, and the court.  As a further  condition
 6    of  bail under these circumstances, the court shall order the
 7    defendant to refrain from entering upon the property  of  the
 8    school, including any conveyance owned, leased, or contracted
 9    by  a  school  to  transport  students to or from school or a
10    school-related activity, or on any public  way  within  1,000
11    feet of real property comprising any school.  Upon receipt of
12    the   psychological  evaluation,  either  the  State  or  the
13    defendant may request a change in  the  conditions  of  bail,
14    pursuant to Section 110-6 of this Code.  The court may change
15    the  conditions  of  bail  to  include a requirement that the
16    defendant follow the  recommendations  of  the  psychological
17    evaluation,  including undergoing psychiatric treatment.  The
18    conclusions  of  the   psychological   evaluation   and   any
19    statements   elicited   from   the   defendant   during   its
20    administration are not admissible as evidence of guilt during
21    the  course  of  any trial on the charged offense, unless the
22    defendant places his or her mental competency in issue.
23        (b)  The court may impose other conditions, such  as  the
24    following,  if  the  court  finds  that  such  conditions are
25    reasonably necessary to assure the defendant's appearance  in
26    court,  protect the public from the defendant, or prevent the
27    defendant's   unlawful   interference   with   the    orderly
28    administration of justice:
29             (1)  Report  to  or  appear  in  person  before such
30        person or agency as the court may direct;
31             (2)  Refrain from  possessing  a  firearm  or  other
32        dangerous weapon;
33             (3)  Refrain  from approaching or communicating with
34        particular persons or classes of persons;
 
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 1             (4)  Refrain  from  going   to   certain   described
 2        geographical areas or premises;
 3             (5)  Refrain  from engaging in certain activities or
 4        indulging in intoxicating liquors or in certain drugs;
 5             (6)  Undergo  treatment  for   drug   addiction   or
 6        alcoholism;
 7             (7)  Undergo medical or psychiatric treatment;
 8             (8)  Work  or pursue a course of study or vocational
 9        training;
10             (9)  Attend or reside in a  facility  designated  by
11        the court;
12             (10)  Support his or her dependents;
13             (11)  If  a minor resides with his or her parents or
14        in a foster home, attend school, attend a non-residential
15        program for youths, and contribute  to  his  or  her  own
16        support at home or in a foster home;
17             (12)  Observe any curfew ordered by the court;
18             (13)  Remain  in  the  custody  of  such  designated
19        person or organization agreeing to supervise his release.
20        Such  third  party  custodian  shall  be  responsible for
21        notifying the court if the defendant fails to observe the
22        conditions of release which the custodian has  agreed  to
23        monitor,  and  shall  be subject to contempt of court for
24        failure so to notify the court;
25             (14)  Be placed  under  direct  supervision  of  the
26        Pretrial  Services  Agency, Probation Department or Court
27        Services Department in a pretrial bond  home  supervision
28        capacity   with   or  without  the  use  of  an  approved
29        electronic monitoring device subject  to  Article  8A  of
30        Chapter V of the Unified Code of Corrections;
31             (14.1)  The  court shall impose upon a defendant who
32        is charged  with  any  alcohol,  cannabis  or  controlled
33        substance   violation   and   is   placed   under  direct
34        supervision of the Pretrial  Services  Agency,  Probation
 
SB1058 Enrolled             -14-               LRB9203273RCdv
 1        Department  or  Court  Services  Department in a pretrial
 2        bond  home  supervision  capacity  with  the  use  of  an
 3        approved monitoring device, as a condition of  such  bail
 4        bond,  a  fee  that  represents  costs  incidental to the
 5        electronic  monitoring  for  each  day   of   such   bail
 6        supervision   ordered   by   the   court,   unless  after
 7        determining the inability of the  defendant  to  pay  the
 8        fee,  the  court  assesses  a lesser fee or no fee as the
 9        case may be.  The fee shall be collected by the clerk  of
10        the  circuit court.  The clerk of the circuit court shall
11        pay all monies collected from  this  fee  to  the  county
12        treasurer  for  deposit  in  the substance abuse services
13        fund under Section 5-1086.1 of the Counties Code;
14             (14.2)  The court shall impose upon all  defendants,
15        including  those  defendants  subject to paragraph (14.1)
16        above, placed under direct supervision  of  the  Pretrial
17        Services  Agency,  Probation Department or Court Services
18        Department in a pretrial bond home  supervision  capacity
19        with  the  use  of  an  approved  monitoring device, as a
20        condition of such bail bond, a fee which shall  represent
21        costs  incidental  to such electronic monitoring for each
22        day of such bail supervision ordered by the court, unless
23        after determining the inability of the defendant  to  pay
24        the fee, the court assesses a lesser fee or no fee as the
25        case  may be.  The fee shall be collected by the clerk of
26        the circuit court.  The clerk of the circuit court  shall
27        pay  all  monies  collected  from  this fee to the county
28        treasurer who shall use the monies  collected  to  defray
29        the  costs  of  corrections.   The county treasurer shall
30        deposit the fee collected in the county working cash fund
31        under Section 6-27001 or Section  6-29002 of the Counties
32        Code, as the case may be;
33             (14.3)  The Chief Judge of the Judicial Circuit  may
34        establish   reasonable  fees  to  be  paid  by  a  person
 
SB1058 Enrolled             -15-               LRB9203273RCdv
 1        receiving pretrial services while under supervision of  a
 2        pretrial  services agency, probation department, or court
 3        services department. Reasonable fees may be  charged  for
 4        pretrial services including, but not limited to, pretrial
 5        supervision,  diversion  programs, electronic monitoring,
 6        victim impact services, drug  and  alcohol  testing,  and
 7        victim mediation services.  The person receiving pretrial
 8        services  may  be  ordered to pay all costs incidental to
 9        pretrial services in accordance with his or  her  ability
10        to pay those costs;
11             (15)  Comply  with  the  terms  and conditions of an
12        order  of  protection  issued  by  the  court  under  the
13        Illinois Domestic Violence Act of 1986  or  an  order  of
14        protection  issued  by the court of another state, tribe,
15        or United States territory;
16             (16)  Under  Section   110-6.5   comply   with   the
17        conditions of the drug testing program; and
18             (17)  Such  other reasonable conditions as the court
19        may impose.
20        (c)  When a person  is  charged  with  an  offense  under
21    Section   12-13,  12-14,  12-14.1,  12-15  or  12-16  of  the
22    "Criminal Code of 1961", involving a victim who  is  a  minor
23    under  18  years of age living in the same household with the
24    defendant at the time of the offense,  in  granting  bail  or
25    releasing  the  defendant  on his own recognizance, the judge
26    shall impose conditions to restrict the defendant's access to
27    the  victim  which  may  include,  but  are  not  limited  to
28    conditions that he will:
29             1.  Vacate the Household.
30             2.  Make  payment  of  temporary  support   to   his
31        dependents.
32             3.  Refrain  from  contact or communication with the
33        child victim, except as ordered by the court.
34        (d)  When a person is charged with a criminal offense and
 
SB1058 Enrolled             -16-               LRB9203273RCdv
 1    the victim is a family or  household  member  as  defined  in
 2    Article  112A, conditions shall be imposed at the time of the
 3    defendant's release on bond  that  restrict  the  defendant's
 4    access to the victim. Unless provided otherwise by the court,
 5    the   restrictions   shall   include  requirements  that  the
 6    defendant do the following:
 7             (1)  refrain from contact or communication with  the
 8        victim  for  a  minimum  period of 72 hours following the
 9        defendant's release; and
10             (2)  refrain  from  entering  or  remaining  at  the
11        victim's residence for  a  minimum  period  of  72  hours
12        following the defendant's release.
13        (e)  Local   law   enforcement   agencies  shall  develop
14    standardized bond forms for use in cases involving family  or
15    household  members  as  defined  in  Article  112A, including
16    specific conditions of bond as provided  in  subsection  (d).
17    Failure  of  any law enforcement department to develop or use
18    those forms shall in  no  way  limit  the  applicability  and
19    enforcement of subsections (d) and (f).
20        (f)  If   the   defendant   is  admitted  to  bail  after
21    conviction the conditions of the bail bond shall be  that  he
22    will,  in addition to the conditions set forth in subsections
23    (a) and (b) hereof:
24             (1)  Duly prosecute his appeal;
25             (2)  Appear at such time and place as the court  may
26        direct;
27             (3)  Not  depart  this  State  without  leave of the
28        court;
29             (4)  Comply with such other reasonable conditions as
30        the court may impose; and,
31             (5)  If  the  judgment  is  affirmed  or  the  cause
32        reversed  and  remanded  for  a  new   trial,   forthwith
33        surrender  to  the  officer  from  whose  custody  he was
34        bailed.
 
SB1058 Enrolled             -17-               LRB9203273RCdv
 1    (Source: P.A.  90-399,  eff.  1-1-98;  91-11,  eff.   6-4-99;
 2    91-312,  eff.  1-1-00;  91-696,  eff.  4-13-00;  91-903, eff.
 3    1-1-01.)

 4        Section 15.  The Probation and Probation Officers Act  is
 5    amended by changing Section 15.1 as follows:

 6        (730 ILCS 110/15.1) (from Ch. 38, par. 204-7.1)
 7        Sec. 15.1.  Probation and Court Services Fund.
 8        (a)  The  county treasurer in each county shall establish
 9    a probation  and  court  services  fund  consisting  of  fees
10    collected  pursuant  to  subsection  (i) of Section 5-6-3 and
11    subsection (i) of Section 5-6-3.1  of  the  Unified  Code  of
12    Corrections,   and  subsection  (10)  of  Section  5-615  and
13    subsection (5) of Section 5-715 of the Juvenile Court Act  of
14    1987,  and paragraph 14.3 of subsection (b) of Section 110-10
15    of the Code of  Criminal  Procedure  of  1963.    The  county
16    treasurer  shall  disburse  monies  from the fund only at the
17    direction of the chief judge of the  circuit  court  in  such
18    circuit where the county is located.  The county treasurer of
19    each  county  shall,  on  or  before January 10 of each year,
20    submit an annual report to the Supreme Court.
21        (b)  Monies in the  probation  and  court  services  fund
22    shall  be  appropriated by the county board to be used within
23    the county or jurisdiction where collected in accordance with
24    policies and guidelines approved by the Supreme Court for the
25    costs  of  operating  the  probation   and   court   services
26    department  or  departments; however, monies in the probation
27    and court services fund shall not be used for the payment  of
28    salaries of probation and court services personnel.
29        (c)  Monies   expended   from  the  probation  and  court
30    services fund shall be  used  to  supplement,  not  supplant,
31    county appropriations for probation and court services.
32        (d)  Interest  earned  on monies deposited in a probation
 
SB1058 Enrolled             -18-               LRB9203273RCdv
 1    and court services fund may be used by  the  county  for  its
 2    ordinary and contingent expenditures.
 3        (e)  The  county  board  may  appropriate moneys from the
 4    probation and court services fund, upon the direction of  the
 5    chief  judge,  to  support  programs  that  are  part  of the
 6    continuum of juvenile delinquency intervention programs which
 7    are or may be developed within the county.  The  grants  from
 8    the  probation  and  court services fund shall be for no more
 9    than one year and may be used for any  expenses  attributable
10    to  the program including administration and oversight of the
11    program by the probation department.
12    (Source: P.A. 89-198, eff. 7-21-95; 90-590, eff. 1-1-99.)

13        Section 99.  Effective date.  This Act takes effect  upon
14    becoming law.

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