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Public Act 094-0159 |
HB0121 Enrolled |
LRB094 04173 RLC 34197 b |
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AN ACT in relation to sex offenders.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Unified Code of Corrections is amended by |
changing Sections 3-1-2, 3-3-7, 5-6-3, and 5-6-3.1 and by |
adding Section 5-1-3.5 as follows:
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(730 ILCS 5/3-1-2) (from Ch. 38, par. 1003-1-2)
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Sec. 3-1-2. Definitions. (a) "Chief Administrative |
Officer" means the
person designated by the Director to |
exercise the powers and duties of the
Department of Corrections |
in regard to committed persons within
a correctional |
institution or facility, and includes the
superintendent of any |
juvenile institution or facility.
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(a-5) "Sex offense" for the purposes of paragraph (16) of |
subsection (a) of Section 3-3-7, paragraph (10) of subsection |
(a) of Section 5-6-3, and paragraph (18) of subsection (c) of |
Section 5-6-3.1 only means: |
(i) A violation of any of the following Sections of the |
Criminal Code of
1961: 10-7 (aiding and abetting child |
abduction under Section 10-5(b)(10)),
10-5(b)(10) (child |
luring), 11-6 (indecent solicitation of a child), 11-6.5
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(indecent solicitation of an adult),
11-15.1 (soliciting |
for a juvenile
prostitute), 11-17.1 (keeping a place of |
juvenile prostitution), 11-18.1
(patronizing a juvenile |
prostitute), 11-19.1 (juvenile pimping),
11-19.2 |
(exploitation of a child), 11-20.1 (child pornography), |
12-14.1
(predatory criminal sexual assault of a child), or |
12-33 (ritualized abuse of a
child). An attempt to commit |
any of
these offenses. |
(ii) A violation of any of the following Sections of |
the Criminal Code
of 1961: 12-13 (criminal
sexual assault), |
12-14 (aggravated criminal sexual assault), 12-16 |
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(aggravated criminal sexual abuse), and subsection (a) of |
Section 12-15
(criminal sexual abuse). An attempt to commit
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any of these offenses. |
(iii) A violation of any of the following Sections of |
the Criminal Code
of 1961 when the defendant is
not a |
parent of the victim: |
10-1 (kidnapping),
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10-2 (aggravated kidnapping), |
10-3 (unlawful restraint),
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10-3.1 (aggravated unlawful restraint). |
An attempt to commit any of these offenses. |
(iv) A violation of any former law of this State |
substantially
equivalent to any offense listed in this |
subsection (a-5). |
An offense violating federal law or the law of another |
state
that is substantially equivalent to any offense listed in |
this
subsection (a-5) shall constitute a sex offense for the |
purpose of
this subsection (a-5). A finding or adjudication as |
a sexually dangerous person under
any federal law or law of |
another state that is substantially equivalent to the
Sexually |
Dangerous Persons Act shall constitute an adjudication for a |
sex offense for the
purposes of this subsection (a-5).
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(b) "Commitment" means a judicially determined placement
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in the custody of the Department of Corrections on the basis of
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delinquency or conviction.
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(c) "Committed Person" is a person committed to the |
Department,
however a committed person shall not be considered |
to be an employee of
the Department of Corrections for any |
purpose, including eligibility for
a pension, benefits, or any |
other compensation or rights or privileges which
may be |
provided to employees of the Department.
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(d) "Correctional Institution or Facility" means any |
building or
part of a building where committed persons are kept |
in a secured manner.
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(e) "Department" means the Department of Corrections of |
this State.
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(f) "Director" means the Director of the Department of |
Corrections.
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(g) "Discharge" means the final termination of a commitment
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to the Department of Corrections.
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(h) "Discipline" means the rules and regulations for the
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maintenance of order and the protection of persons and property
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within the institutions and facilities of the Department and
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their enforcement.
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(i) "Escape" means the intentional and unauthorized |
absence
of a committed person from the custody of the |
Department.
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(j) "Furlough" means an authorized leave of absence from |
the
Department of Corrections for a designated purpose and |
period of time.
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(k) "Parole" means the conditional and revocable release
of |
a committed person under the supervision of a parole officer.
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(l) "Prisoner Review Board" means the Board established in
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Section 3-3-1(a), independent of the Department, to review
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rules and regulations with respect to good time credits, to
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hear charges brought by the Department against certain |
prisoners
alleged to have violated Department rules with |
respect to good
time credits, to set release dates for certain |
prisoners
sentenced under the law in effect prior to the |
effective
date of this Amendatory Act of 1977, to hear requests |
and
make recommendations to the Governor with respect to |
pardon,
reprieve or commutation, to set conditions for parole |
and
mandatory supervised release and determine whether |
violations
of those conditions justify revocation of parole or |
release,
and to assume all other functions previously exercised |
by the
Illinois Parole and Pardon Board.
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(m) Whenever medical treatment, service, counseling, or
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care is referred to in this Unified Code of Corrections,
such |
term may be construed by the Department or Court, within
its |
discretion, to include treatment, service or counseling by
a |
Christian Science practitioner or nursing care appropriate
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therewith whenever request therefor is made by a person subject
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to the provisions of this Act.
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(n) "Victim" shall have the meaning ascribed to it in |
subsection (a) of
Section 3 of the Bill of Rights for Victims |
and Witnesses of Violent Crime Act.
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(Source: P.A. 83-1433; 83-1499.)
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(730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) |
Sec. 3-3-7. Conditions of Parole or Mandatory Supervised |
Release.
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(a) The conditions of parole or mandatory
supervised |
release shall be such as the Prisoner Review
Board deems |
necessary to assist the subject in leading a
law-abiding life. |
The conditions of every parole and mandatory
supervised release |
are that the subject:
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(1) not violate any criminal statute of any |
jurisdiction
during the parole or release term;
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(2) refrain from possessing a firearm or other |
dangerous
weapon;
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(3) report to an agent of the Department of |
Corrections;
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(4) permit the agent to visit him or her at his or her |
home, employment,
or
elsewhere to the
extent necessary for |
the agent to discharge his or her duties;
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(5) attend or reside in a facility established for the |
instruction or
residence
of persons on
parole or mandatory |
supervised release;
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(6) secure permission before visiting or writing a |
committed person in an
Illinois Department
of Corrections |
facility;
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(7) report all arrests to an agent of the Department of |
Corrections as
soon as
permitted by the
arresting authority |
but in no event later than 24 hours after release from
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custody;
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(7.5) if convicted of a sex offense as defined in the |
Sex Offender
Management Board Act, the individual shall |
undergo and successfully complete
sex offender treatment |
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conducted in conformance with the standards developed by
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the Sex
Offender Management Board Act by a treatment |
provider approved by the Board;
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(8) obtain permission of an agent of the Department of |
Corrections before
leaving the
State of Illinois;
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(9) obtain permission of an agent of the Department of |
Corrections before
changing
his or her residence or |
employment;
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(10) consent to a search of his or her person, |
property, or residence
under his or her
control;
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(11) refrain from the use or possession of narcotics or |
other controlled
substances in
any form, or both, or any |
paraphernalia related to those substances and submit
to a
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urinalysis test as instructed by a parole agent of the |
Department of
Corrections;
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(12) not frequent places where controlled substances |
are illegally sold,
used,
distributed, or administered;
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(13) not knowingly associate with other persons on |
parole or mandatory
supervised
release without prior |
written permission of his or her parole agent and not
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associate with
persons who are members of an organized gang |
as that term is defined in the
Illinois
Streetgang |
Terrorism Omnibus Prevention Act;
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(14) provide true and accurate information, as it |
relates to his or her
adjustment in the
community while on |
parole or mandatory supervised release or to his or her
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conduct
while incarcerated, in response to inquiries by his |
or her parole agent or of
the
Department of Corrections; |
and
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(15) follow any specific instructions provided by the |
parole agent that
are consistent
with furthering |
conditions set and approved by the Prisoner Review Board or |
by
law,
exclusive of placement on electronic detention, to |
achieve the goals and
objectives of his
or her parole or |
mandatory supervised release or to protect the public. |
These
instructions by the parole agent may be modified at |
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any time, as the agent
deems
appropriate ; and
.
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(16) if convicted of a sex offense as defined in |
subsection (a-5) of Section 3-1-2 of this Code, unless the |
offender is a parent or guardian of the person under 18 |
years of age present in the home and no non-familial minors |
are present, not participate in a holiday event involving |
children
under 18 years of age, such as distributing candy |
or other items to children on
Halloween, wearing a Santa |
Claus costume on or preceding Christmas, being
employed as |
a department store Santa Claus, or wearing an Easter Bunny
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costume on or preceding Easter.
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(b) The Board may in addition to other conditions
require |
that the subject:
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(1) work or pursue a course of study or vocational |
training;
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(2) undergo medical or psychiatric treatment, or |
treatment
for drug addiction or alcoholism;
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(3) attend or reside in a facility established for the
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instruction or residence of persons on probation or parole;
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(4) support his dependents;
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(5) (blank);
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(6) (blank);
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(7) comply with the terms and conditions of an order of |
protection
issued pursuant to the Illinois Domestic |
Violence Act of 1986, enacted by the
84th General Assembly, |
or an order of protection issued by the court of another
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state, tribe, or United States territory; and
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(8) in addition, if a minor:
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(i) reside with his parents or in a foster home;
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(ii) attend school;
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(iii) attend a non-residential program for youth; |
or
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(iv) contribute to his own support at home or in a |
foster
home.
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(b-1) In addition to the conditions set forth in |
subsections (a) and (b), persons required to register as sex |
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offenders pursuant to the Sex Offender Registration Act, upon |
release from the custody of the Illinois Department of |
Corrections, may be required by the Board to comply with the |
following specific conditions of release: |
(1) reside only at a Department approved location; |
(2) comply with all requirements of the Sex Offender |
Registration Act;
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(3) notify
third parties of the risks that may be |
occasioned by his or her criminal record; |
(4) obtain the approval of an agent of the Department |
of Corrections prior to accepting employment or pursuing a |
course of study or vocational training and notify the |
Department prior to any change in employment, study, or |
training; |
(5) not be employed or participate in any
volunteer |
activity that involves contact with children, except under |
circumstances approved in advance and in writing by an |
agent of the Department of Corrections; |
(6) be electronically monitored for a minimum of 12 |
months from the date of release as determined by the Board;
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(7) refrain from entering into a designated
geographic |
area except upon terms approved in advance by an agent of |
the Department of Corrections. The terms may include |
consideration of the purpose of the entry, the time of day, |
and others accompanying the person; |
(8) refrain from having any contact, including
written |
or oral communications, directly or indirectly, personally |
or by telephone, letter, or through a third party with |
certain specified persons including, but not limited to, |
the victim or the victim's family without the prior written |
approval of an agent of the Department of Corrections; |
(9) refrain from all contact, directly or
indirectly, |
personally, by telephone, letter, or through a third party, |
with minor children without prior identification and |
approval of an agent of the Department of Corrections; |
(10) neither possess or have under his or her
control |
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any material that is sexually oriented, sexually |
stimulating, or that shows male or female sex organs or any |
pictures depicting children under 18 years of age nude or |
any written or audio material describing sexual |
intercourse or that depicts or alludes to sexual activity, |
including but not limited to visual, auditory, telephonic, |
or electronic media, or any matter obtained through access |
to any computer or material linked to computer access use; |
(11) not patronize any business providing
sexually |
stimulating or sexually oriented entertainment nor utilize |
"900" or adult telephone numbers; |
(12) not reside near, visit, or be in or about
parks, |
schools, day care centers, swimming pools, beaches, |
theaters, or any other places where minor children |
congregate without advance approval of an agent of the |
Department of Corrections and immediately report any |
incidental contact with minor children to the Department; |
(13) not possess or have under his or her control
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certain specified items of contraband related to the |
incidence of sexually offending as determined by an agent |
of the Department of Corrections; |
(14) may be required to provide a written daily log of |
activities
if directed by an agent of the Department of |
Corrections; |
(15) comply with all other special conditions
that the |
Department may impose that restrict the person from |
high-risk situations and limit access to potential |
victims. |
(c) The conditions under which the parole or mandatory
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supervised release is to be served shall be communicated to
the |
person in writing prior to his release, and he shall
sign the |
same before release. A signed copy of these conditions,
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including a copy of an order of protection where one had been |
issued by the
criminal court, shall be retained by the person |
and another copy forwarded to
the officer in charge of his |
supervision.
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(d) After a hearing under Section 3-3-9, the Prisoner
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Review Board may modify or enlarge the conditions of parole
or |
mandatory supervised release.
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(e) The Department shall inform all offenders committed to
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the Department of the optional services available to them
upon |
release and shall assist inmates in availing themselves
of such |
optional services upon their release on a voluntary
basis.
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(Source: P.A. 92-460, eff. 1-1-02; 93-616, eff. 1-1-04; 93-865, |
eff. 1-1-05.)
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(730 ILCS 5/5-1-3.5 new) |
Sec. 5-1-3.5. Sex offense. "Sex offense" for the purposes |
of paragraph (16) of subsection (a) of Section 3-3-7, paragraph |
(10) of subsection (a) of Section 5-6-3, and paragraph (18) of |
subsection (c) of Section 5-6-3.1 only has the meaning ascribed |
to it in subsection (a-5) of Section 3-1-2 of this Code. |
(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
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Sec. 5-6-3. Conditions of Probation and of Conditional |
Discharge.
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(a) The conditions of probation and of conditional |
discharge shall be
that the person:
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(1) not violate any criminal statute of any |
jurisdiction;
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(2) report to or appear in person before such person or |
agency as
directed by the court;
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(3) refrain from possessing a firearm or other |
dangerous weapon;
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(4) not leave the State without the consent of the |
court or, in
circumstances in which the reason for the |
absence is of such an emergency
nature that prior consent |
by the court is not possible, without the prior
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notification and approval of the person's probation
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officer. Transfer of a person's probation or conditional |
discharge
supervision to another state is subject to |
acceptance by the other state
pursuant to the Interstate |
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Compact for Adult Offender Supervision;
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(5) permit the probation officer to visit
him at his |
home or elsewhere
to the extent necessary to discharge his |
duties;
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(6) perform no less than 30 hours of community service |
and not more than
120 hours of community service, if |
community service is available in the
jurisdiction and is |
funded and approved by the county board where the offense
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was committed, where the offense was related to or in |
furtherance of the
criminal activities of an organized gang |
and was motivated by the offender's
membership in or |
allegiance to an organized gang. The community service |
shall
include, but not be limited to, the cleanup and |
repair of any damage caused by
a violation of Section |
21-1.3 of the Criminal Code of 1961 and similar damage
to |
property located within the municipality or county in which |
the violation
occurred. When possible and reasonable, the |
community service should be
performed in the offender's |
neighborhood. For purposes of this Section,
"organized |
gang" has the meaning ascribed to it in Section 10 of the |
Illinois
Streetgang Terrorism Omnibus Prevention Act;
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(7) if he or she is at least 17 years of age and has |
been sentenced to
probation or conditional discharge for a |
misdemeanor or felony in a county of
3,000,000 or more |
inhabitants and has not been previously convicted of a
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misdemeanor or felony, may be required by the sentencing |
court to attend
educational courses designed to prepare the |
defendant for a high school diploma
and to work toward a |
high school diploma or to work toward passing the high
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school level Test of General Educational Development (GED) |
or to work toward
completing a vocational training program |
approved by the court. The person on
probation or |
conditional discharge must attend a public institution of
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education to obtain the educational or vocational training |
required by this
clause (7). The court shall revoke the |
probation or conditional discharge of a
person who wilfully |
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fails to comply with this clause (7). The person on
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probation or conditional discharge shall be required to pay |
for the cost of the
educational courses or GED test, if a |
fee is charged for those courses or
test. The court shall |
resentence the offender whose probation or conditional
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discharge has been revoked as provided in Section 5-6-4. |
This clause (7) does
not apply to a person who has a high |
school diploma or has successfully passed
the GED test. |
This clause (7) does not apply to a person who is |
determined by
the court to be developmentally disabled or |
otherwise mentally incapable of
completing the educational |
or vocational program;
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(8) if convicted of possession of a substance |
prohibited
by the Cannabis Control Act or Illinois |
Controlled Substances Act
after a previous conviction or |
disposition of supervision for possession of a
substance |
prohibited by the Cannabis Control Act or Illinois |
Controlled
Substances Act or after a sentence of probation |
under Section 10 of the
Cannabis
Control Act or Section 410 |
of the Illinois Controlled Substances Act and upon a
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finding by the court that the person is addicted, undergo |
treatment at a
substance abuse program approved by the |
court;
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(8.5) if convicted of a felony sex offense as defined |
in the Sex
Offender
Management Board Act, the person shall |
undergo and successfully complete sex
offender treatment |
by a treatment provider approved by the Board and conducted
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in conformance with the standards developed under the Sex
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Offender Management Board Act; and
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(9) if convicted of a felony, physically surrender at a |
time and place
designated by the court, his or her Firearm
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Owner's Identification Card and
any and all firearms in
his |
or her possession ; and .
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(10) if convicted of a sex offense as defined in |
subsection (a-5) of Section 3-1-2 of this Code, unless the |
offender is a parent or guardian of the person under 18 |
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years of age present in the home and no non-familial minors |
are present, not participate in a holiday
event involving |
children under 18 years of age, such as
distributing candy |
or other items to children on Halloween,
wearing a Santa |
Claus costume on or preceding Christmas, being
employed as |
a department store Santa Claus, or wearing an
Easter Bunny |
costume on or preceding Easter.
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(b) The Court may in addition to other reasonable |
conditions relating to the
nature of the offense or the |
rehabilitation of the defendant as determined for
each |
defendant in the proper discretion of the Court require that |
the person:
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(1) serve a term of periodic imprisonment under Article |
7 for a
period not to exceed that specified in paragraph |
(d) of Section 5-7-1;
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(2) pay a fine and costs;
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(3) work or pursue a course of study or vocational |
training;
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(4) undergo medical, psychological or psychiatric |
treatment; or treatment
for drug addiction or alcoholism;
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(5) attend or reside in a facility established for the |
instruction
or residence of defendants on probation;
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(6) support his dependents;
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(7) and in addition, if a minor:
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(i) reside with his parents or in a foster home;
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(ii) attend school;
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(iii) attend a non-residential program for youth;
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(iv) contribute to his own support at home or in a |
foster home;
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(v) with the consent of the superintendent of the
|
facility, attend an educational program at a facility |
other than the school
in which the
offense was |
committed if he
or she is convicted of a crime of |
violence as
defined in
Section 2 of the Crime Victims |
Compensation Act committed in a school, on the
real
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property
comprising a school, or within 1,000 feet of |
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the real property comprising a
school;
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(8) make restitution as provided in Section 5-5-6 of |
this Code;
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(9) perform some reasonable public or community |
service;
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(10) serve a term of home confinement. In addition to |
any other
applicable condition of probation or conditional |
discharge, the
conditions of home confinement shall be that |
the offender:
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(i) remain within the interior premises of the |
place designated for
his confinement during the hours |
designated by the court;
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(ii) admit any person or agent designated by the |
court into the
offender's place of confinement at any |
time for purposes of verifying
the offender's |
compliance with the conditions of his confinement; and
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(iii) if further deemed necessary by the court or |
the
Probation or
Court Services Department, be placed |
on an approved
electronic monitoring device, subject |
to Article 8A of Chapter V;
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(iv) for persons convicted of any alcohol, |
cannabis or controlled
substance violation who are |
placed on an approved monitoring device as a
condition |
of probation or conditional discharge, the court shall |
impose a
reasonable fee for each day of the use of the |
device, as established by the
county board in |
subsection (g) of this Section, unless after |
determining the
inability of the offender to pay the |
fee, the court assesses a lesser fee or no
fee as the |
case may be. This fee shall be imposed in addition to |
the fees
imposed under subsections (g) and (i) of this |
Section. The fee shall be
collected by the clerk of the |
circuit court. The clerk of the circuit
court shall pay |
all monies collected from this fee to the county |
treasurer
for deposit in the substance abuse services |
fund under Section 5-1086.1 of
the Counties Code; and
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(v) for persons convicted of offenses other than |
those referenced in
clause (iv) above and who are |
placed on an approved monitoring device as a
condition |
of probation or conditional discharge, the court shall |
impose
a reasonable fee for each day of the use of the |
device, as established by the
county board in |
subsection (g) of this Section, unless after |
determining the
inability of the defendant to pay the |
fee, the court assesses a lesser fee or
no fee as the |
case may be. This fee shall be imposed in addition to |
the fees
imposed under subsections (g) and (i) of this |
Section. The fee
shall be collected by the clerk of the |
circuit court. The clerk of the circuit
court shall pay |
all monies collected from this fee
to the county |
treasurer who shall use the monies collected to defray |
the
costs of corrections. The county treasurer shall |
deposit the fee
collected in the county working cash |
fund under Section 6-27001 or Section
6-29002 of the |
Counties Code, as the case may be.
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(11) comply with the terms and conditions of an order |
of protection issued
by the court pursuant to the Illinois |
Domestic Violence Act of 1986,
as now or hereafter amended, |
or an order of protection issued by the court of
another |
state, tribe, or United States territory. A copy of the |
order of
protection shall be
transmitted to the probation |
officer or agency
having responsibility for the case;
|
(12) reimburse any "local anti-crime program" as |
defined in Section 7
of the Anti-Crime Advisory Council Act |
for any reasonable expenses incurred
by the program on the |
offender's case, not to exceed the maximum amount of
the |
fine authorized for the offense for which the defendant was |
sentenced;
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(13) contribute a reasonable sum of money, not to |
exceed the maximum
amount of the fine authorized for the
|
offense for which the defendant was sentenced, to a "local |
anti-crime
program", as defined in Section 7 of the |
|
Anti-Crime Advisory Council Act;
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(14) refrain from entering into a designated |
geographic area except upon
such terms as the court finds |
appropriate. Such terms may include
consideration of the |
purpose of the entry, the time of day, other persons
|
accompanying the defendant, and advance approval by a
|
probation officer, if
the defendant has been placed on |
probation or advance approval by the
court, if the |
defendant was placed on conditional discharge;
|
(15) refrain from having any contact, directly or |
indirectly, with
certain specified persons or particular |
types of persons, including but not
limited to members of |
street gangs and drug users or dealers;
|
(16) refrain from having in his or her body the |
presence of any illicit
drug prohibited by the Cannabis |
Control Act or the Illinois Controlled
Substances Act, |
unless prescribed by a physician, and submit samples of
his |
or her blood or urine or both for tests to determine the |
presence of any
illicit drug.
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(c) The court may as a condition of probation or of |
conditional
discharge require that a person under 18 years of |
age found guilty of any
alcohol, cannabis or controlled |
substance violation, refrain from acquiring
a driver's license |
during
the period of probation or conditional discharge. If |
such person
is in possession of a permit or license, the court |
may require that
the minor refrain from driving or operating |
any motor vehicle during the
period of probation or conditional |
discharge, except as may be necessary in
the course of the |
minor's lawful employment.
|
(d) An offender sentenced to probation or to conditional |
discharge
shall be given a certificate setting forth the |
conditions thereof.
|
(e) Except where the offender has committed a fourth or |
subsequent
violation of subsection (c) of Section 6-303 of the |
Illinois Vehicle Code,
the court shall not require as a |
condition of the sentence of
probation or conditional discharge |
|
that the offender be committed to a
period of imprisonment in |
excess of 6 months.
This 6 month limit shall not include |
periods of confinement given pursuant to
a sentence of county |
impact incarceration under Section 5-8-1.2.
This 6 month limit |
does not apply to a person sentenced to probation as a
result |
of a conviction of a fourth or subsequent violation of |
subsection (c-4)
of Section 11-501 of the Illinois Vehicle Code |
or a similar provision of a
local ordinance.
|
Persons committed to imprisonment as a condition of |
probation or
conditional discharge shall not be committed to |
the Department of
Corrections.
|
(f) The court may combine a sentence of periodic |
imprisonment under
Article 7 or a sentence to a county impact |
incarceration program under
Article 8 with a sentence of |
probation or conditional discharge.
|
(g) An offender sentenced to probation or to conditional |
discharge and
who during the term of either undergoes mandatory |
drug or alcohol testing,
or both, or is assigned to be placed |
on an approved electronic monitoring
device, shall be ordered |
to pay all costs incidental to such mandatory drug
or alcohol |
testing, or both, and all costs
incidental to such approved |
electronic monitoring in accordance with the
defendant's |
ability to pay those costs. The county board with
the |
concurrence of the Chief Judge of the judicial
circuit in which |
the county is located shall establish reasonable fees for
the |
cost of maintenance, testing, and incidental expenses related |
to the
mandatory drug or alcohol testing, or both, and all |
costs incidental to
approved electronic monitoring, involved |
in a successful probation program
for the county. The |
concurrence of the Chief Judge shall be in the form of
an |
administrative order.
The fees shall be collected by the clerk |
of the circuit court. The clerk of
the circuit court shall pay |
all moneys collected from these fees to the county
treasurer |
who shall use the moneys collected to defray the costs of
drug |
testing, alcohol testing, and electronic monitoring.
The |
county treasurer shall deposit the fees collected in the
county |
|
working cash fund under Section 6-27001 or Section 6-29002 of |
the
Counties Code, as the case may be.
|
(h) Jurisdiction over an offender may be transferred from |
the
sentencing court to the court of another circuit with the |
concurrence of
both courts. Further transfers or retransfers of
|
jurisdiction are also
authorized in the same manner. The court |
to which jurisdiction has been
transferred shall have the same |
powers as the sentencing court.
|
(i) The court shall impose upon an offender
sentenced to |
probation after January 1, 1989 or to conditional discharge
|
after January 1, 1992 or to community service under the |
supervision of a
probation or court services department after |
January 1, 2004, as a condition of such probation or |
conditional
discharge or supervised community service, a fee of |
$50
for each month of probation or
conditional
discharge |
supervision or supervised community service ordered by the |
court, unless after
determining the inability of the person |
sentenced to probation or conditional
discharge or supervised |
community service to pay the
fee, the court assesses a lesser |
fee. The court may not impose the fee on a
minor who is made a |
ward of the State under the Juvenile Court Act of 1987
while |
the minor is in placement.
The fee shall be imposed only upon
|
an offender who is actively supervised by the
probation and |
court services
department. The fee shall be collected by the |
clerk
of the circuit court. The clerk of the circuit court |
shall pay all monies
collected from this fee to the county |
treasurer for deposit in the
probation and court services fund |
under Section 15.1 of the
Probation and Probation Officers Act.
|
A circuit court may not impose a probation fee under this |
subsection (i) in excess of $25
per month unless: (1) the |
circuit court has adopted, by administrative
order issued by |
the chief judge, a standard probation fee guide
determining an |
offender's ability to pay, under guidelines developed by
the |
Administrative
Office of the Illinois Courts; and (2) the |
circuit court has authorized, by
administrative order issued by |
the chief judge, the creation of a Crime
Victim's Services |
|
Fund, to be administered by the Chief Judge or his or
her |
designee, for services to crime victims and their families. Of |
the
amount collected as a probation fee, up to $5 of that fee
|
collected per month may be used to provide services to crime |
victims
and their families.
|
This amendatory Act of the 93rd General Assembly deletes |
the $10 increase in the fee under this subsection that was |
imposed by Public Act 93-616. This deletion is intended to |
control over any other Act of the 93rd General Assembly that |
retains or incorporates that fee increase. |
(i-5) In addition to the fees imposed under subsection (i) |
of this Section, in the case of an offender convicted of a |
felony sex offense (as defined in the Sex Offender Management |
Board Act) or an offense that the court or probation department |
has determined to be sexually motivated (as defined in the Sex |
Offender Management Board Act), the court or the probation |
department shall assess additional fees to pay for all costs of |
treatment, assessment, evaluation for risk and treatment, and |
monitoring the offender, based on that offender's ability to |
pay those costs either as they occur or under a payment plan. |
(j) All fines and costs imposed under this Section for any |
violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle |
Code, or a similar
provision of a local ordinance, and any |
violation of the Child Passenger
Protection Act, or a similar |
provision of a local ordinance, shall be
collected and |
disbursed by the circuit clerk as provided under Section 27.5
|
of the Clerks of Courts Act.
|
(k) Any offender who is sentenced to probation or |
conditional discharge for a felony sex offense as defined in |
the Sex Offender Management Board Act or any offense that the |
court or probation department has determined to be sexually |
motivated as defined in the Sex Offender Management Board Act |
shall be required to refrain from any contact, directly or |
indirectly, with any persons specified by the court and shall |
be available for all evaluations and treatment programs |
required by the court or the probation department.
|
|
(Source: P.A. 92-282, eff. 8-7-01; 92-340, eff. 8-10-01; |
92-418, eff. 8-17-01; 92-442, eff. 8-17-01; 92-571, eff. |
6-26-02; 92-651, eff. 7-11-02; 93-475, eff. 8-8-03; 93-616, |
eff. 1-1-04; 93-970, eff. 8-20-04.)
|
(730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
|
Sec. 5-6-3.1. Incidents and Conditions of Supervision.
|
(a) When a defendant is placed on supervision, the court |
shall enter
an order for supervision specifying the period of |
such supervision, and
shall defer further proceedings in the |
case until the conclusion of the
period.
|
(b) The period of supervision shall be reasonable under all |
of the
circumstances of the case, but may not be longer than 2 |
years, unless the
defendant has failed to pay the assessment |
required by Section 10.3 of the
Cannabis Control Act or Section |
411.2 of the Illinois Controlled
Substances Act, in which case |
the court may extend supervision beyond 2 years.
Additionally, |
the court shall order the defendant to perform no less than 30
|
hours of community service and not more than 120 hours of |
community service, if
community service is available in the
|
jurisdiction and is funded and approved by the county board |
where the offense
was committed,
when the offense (1) was
|
related to or in furtherance of the criminal activities of an |
organized gang or
was motivated by the defendant's membership |
in or allegiance to an organized
gang; or (2) is a violation of |
any Section of Article 24 of the Criminal
Code of 1961 where a |
disposition of supervision is not prohibited by Section
5-6-1 |
of this Code.
The
community service shall include, but not be |
limited to, the cleanup and repair
of any damage caused by |
violation of Section 21-1.3 of the Criminal Code of
1961 and |
similar damages to property located within the municipality or |
county
in which the violation occurred. Where possible and |
reasonable, the community
service should be performed in the |
offender's neighborhood.
|
For the purposes of this
Section, "organized gang" has the |
meaning ascribed to it in Section 10 of the
Illinois Streetgang |
|
Terrorism Omnibus Prevention Act.
|
(c) The court may in addition to other reasonable |
conditions
relating to the nature of the offense or the |
rehabilitation of the
defendant as determined for each |
defendant in the proper discretion of
the court require that |
the person:
|
(1) make a report to and appear in person before or |
participate with
the court or such courts, person, or |
social service agency as directed
by the court in the order |
of supervision;
|
(2) pay a fine and costs;
|
(3) work or pursue a course of study or vocational |
training;
|
(4) undergo medical, psychological or psychiatric |
treatment; or
treatment for drug addiction or alcoholism;
|
(5) attend or reside in a facility established for the |
instruction
or residence of defendants on probation;
|
(6) support his dependents;
|
(7) refrain from possessing a firearm or other |
dangerous weapon;
|
(8) and in addition, if a minor:
|
(i) reside with his parents or in a foster home;
|
(ii) attend school;
|
(iii) attend a non-residential program for youth;
|
(iv) contribute to his own support at home or in a |
foster home; or
|
(v) with the consent of the superintendent of the
|
facility, attend an educational program at a facility |
other than the school
in which the
offense was |
committed if he
or she is placed on supervision for a |
crime of violence as
defined in
Section 2 of the Crime |
Victims Compensation Act committed in a school, on the
|
real
property
comprising a school, or within 1,000 feet |
of the real property comprising a
school;
|
(9) make restitution or reparation in an amount not to |
exceed actual
loss or damage to property and pecuniary loss |
|
or make restitution under Section
5-5-6 to a domestic |
violence shelter. The court shall
determine the amount and |
conditions of payment;
|
(10) perform some reasonable public or community |
service;
|
(11) comply with the terms and conditions of an order |
of protection
issued by the court pursuant to the Illinois |
Domestic Violence Act of 1986 or
an order of protection |
issued by the court of another state, tribe, or United
|
States territory.
If the court has ordered the defendant to |
make a report and appear in
person under paragraph (1) of |
this subsection, a copy of the order of
protection shall be |
transmitted to the person or agency so designated
by the |
court;
|
(12) reimburse any "local anti-crime program" as |
defined in Section 7 of
the Anti-Crime Advisory Council Act |
for any reasonable expenses incurred by the
program on the |
offender's case, not to exceed the maximum amount of the
|
fine authorized for the offense for which the defendant was |
sentenced;
|
(13) contribute a reasonable sum of money, not to
|
exceed the maximum amount of the fine authorized for the |
offense for which
the defendant was sentenced, to a "local |
anti-crime program", as defined
in Section 7 of the |
Anti-Crime Advisory Council Act;
|
(14) refrain from entering into a designated |
geographic area except
upon such terms as the court finds |
appropriate. Such terms may include
consideration of the |
purpose of the entry, the time of day, other persons
|
accompanying the defendant, and advance approval by a |
probation officer;
|
(15) refrain from having any contact, directly or |
indirectly, with
certain specified persons or particular |
types of person, including but not
limited to members of |
street gangs and drug users or dealers;
|
(16) refrain from having in his or her body the |
|
presence of any illicit
drug prohibited by the Cannabis |
Control Act or the Illinois Controlled
Substances Act, |
unless prescribed by a physician, and submit samples of
his |
or her blood or urine or both for tests to determine the |
presence of any
illicit drug;
|
(17) refrain from operating any motor vehicle not |
equipped with an
ignition interlock device as defined in |
Section 1-129.1 of the Illinois
Vehicle Code. Under this |
condition the court may allow a defendant who is not
|
self-employed to operate a vehicle owned by the defendant's |
employer that is
not equipped with an ignition interlock |
device in the course and scope of the
defendant's |
employment ; and .
|
(18) if placed on supervision for a sex offense as |
defined in subsection (a-5) of Section 3-1-2 of this Code, |
unless the offender is a parent or guardian of the person |
under 18 years of age present in the home and no |
non-familial minors are present, not participate in a |
holiday event involving
children
under 18 years of age, |
such as distributing candy or other items to children on
|
Halloween,
wearing a Santa Claus costume on or preceding |
Christmas, being employed as a
department store Santa |
Claus, or wearing an Easter Bunny costume on or
preceding
|
Easter.
|
(d) The court shall defer entering any judgment on the |
charges
until the conclusion of the supervision.
|
(e) At the conclusion of the period of supervision, if the |
court
determines that the defendant has successfully complied |
with all of the
conditions of supervision, the court shall |
discharge the defendant and
enter a judgment dismissing the |
charges.
|
(f) Discharge and dismissal upon a successful conclusion of |
a
disposition of supervision shall be deemed without |
adjudication of guilt
and shall not be termed a conviction for |
purposes of disqualification or
disabilities imposed by law |
upon conviction of a crime. Two years after the
discharge and |
|
dismissal under this Section, unless the disposition of
|
supervision was for a violation of Sections 3-707, 3-708, |
3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a |
similar
provision of a local ordinance, or for a violation of |
Sections 12-3.2
or 16A-3 of the Criminal Code of 1961, in which |
case it shall be 5
years after discharge and dismissal, a |
person may have his record
of arrest sealed or expunged as may |
be provided by law. However, any
defendant placed on |
supervision before January 1, 1980, may move for
sealing or |
expungement of his arrest record, as provided by law, at any
|
time after discharge and dismissal under this Section.
A person |
placed on supervision for a sexual offense committed against a |
minor
as defined in subsection (g) of Section 5 of the Criminal |
Identification Act
or for a violation of Section 11-501 of the |
Illinois Vehicle Code or a
similar provision of a local |
ordinance
shall not have his or her record of arrest sealed or |
expunged.
|
(g) A defendant placed on supervision and who during the |
period of
supervision undergoes mandatory drug or alcohol |
testing, or both, or is
assigned to be placed on an approved |
electronic monitoring device, shall be
ordered to pay the costs |
incidental to such mandatory drug or alcohol
testing, or both, |
and costs incidental to such approved electronic
monitoring in |
accordance with the defendant's ability to pay those costs.
The |
county board with the concurrence of the Chief Judge of the |
judicial
circuit in which the county is located shall establish |
reasonable fees for
the cost of maintenance, testing, and |
incidental expenses related to the
mandatory drug or alcohol |
testing, or both, and all costs incidental to
approved |
electronic monitoring, of all defendants placed on |
supervision.
The concurrence of the Chief Judge shall be in the |
form of an
administrative order.
The fees shall be collected by |
the clerk of the circuit court. The clerk of
the circuit court |
shall pay all moneys collected from these fees to the county
|
treasurer who shall use the moneys collected to defray the |
costs of
drug testing, alcohol testing, and electronic |
|
monitoring.
The county treasurer shall deposit the fees |
collected in the
county working cash fund under Section 6-27001 |
or Section 6-29002 of the
Counties Code, as the case may be.
|
(h) A disposition of supervision is a final order for the |
purposes
of appeal.
|
(i) The court shall impose upon a defendant placed on |
supervision
after January 1, 1992 or to community service under |
the supervision of a
probation or court services department |
after January 1, 2004, as a condition
of supervision or |
supervised community service, a fee of $50 for
each month of |
supervision or supervised community service ordered by the
|
court, unless after
determining the inability of the person |
placed on supervision or supervised
community service to pay |
the
fee, the court assesses a lesser fee. The court may not |
impose the fee on a
minor who is made a ward of the State under |
the Juvenile Court Act of 1987
while the minor is in placement.
|
The fee shall be imposed only upon a
defendant who is actively |
supervised by the
probation and court services
department. The |
fee shall be collected by the clerk of the circuit court.
The |
clerk of the circuit court shall pay all monies collected from |
this fee
to the county treasurer for deposit in the probation |
and court services
fund pursuant to Section 15.1 of the |
Probation and
Probation Officers Act.
|
A circuit court may not impose a probation fee in excess of |
$25
per month unless: (1) the circuit court has adopted, by |
administrative
order issued by the chief judge, a standard |
probation fee guide
determining an offender's ability to pay, |
under guidelines developed by
the Administrative
Office of the |
Illinois Courts; and (2) the circuit court has authorized, by
|
administrative order issued by the chief judge, the creation of |
a Crime
Victim's Services Fund, to be administered by the Chief |
Judge or his or
her designee, for services to crime victims and |
their families. Of the
amount collected as a probation fee, not |
to exceed $5 of that fee
collected per month may be used to |
provide services to crime victims
and their families.
|
(j) All fines and costs imposed under this Section for any
|
|
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle |
Code, or a
similar provision of a local ordinance, and any |
violation of the Child
Passenger Protection Act, or a similar |
provision of a local ordinance, shall
be collected and |
disbursed by the circuit clerk as provided under Section
27.5 |
of the Clerks of Courts Act.
|
(k) A defendant at least 17 years of age who is placed on |
supervision
for a misdemeanor in a county of 3,000,000 or more |
inhabitants
and who has not been previously convicted of a |
misdemeanor or felony
may as a condition of his or her |
supervision be required by the court to
attend educational |
courses designed to prepare the defendant for a high school
|
diploma and to work toward a high school diploma or to work |
toward passing the
high school level Test of General |
Educational Development (GED) or to work
toward completing a |
vocational training program approved by the court. The
|
defendant placed on supervision must attend a public |
institution of education
to obtain the educational or |
vocational training required by this subsection
(k). The |
defendant placed on supervision shall be required to pay for |
the cost
of the educational courses or GED test, if a fee is |
charged for those courses
or test. The court shall revoke the |
supervision of a person who wilfully fails
to comply with this |
subsection (k). The court shall resentence the defendant
upon |
revocation of supervision as provided in Section 5-6-4. This |
subsection
(k) does not apply to a defendant who has a high |
school diploma or has
successfully passed the GED test. This |
subsection (k) does not apply to a
defendant who is determined |
by the court to be developmentally disabled or
otherwise |
mentally incapable of completing the
educational or vocational |
program.
|
(l) The court shall require a defendant placed on |
supervision for
possession of a substance
prohibited by the |
Cannabis Control Act or Illinois Controlled Substances Act
|
after a previous conviction or disposition of supervision for |
possession of a
substance prohibited by the Cannabis Control |
|
Act or Illinois Controlled
Substances Act or a sentence of |
probation under Section 10 of the Cannabis
Control Act or |
Section 410 of the Illinois Controlled Substances Act
and after |
a finding by the court that the person is addicted, to undergo
|
treatment at a substance abuse program approved by the court.
|
(m) The Secretary of State shall require anyone placed on |
court supervision
for a
violation of Section 3-707 of the |
Illinois Vehicle Code or a similar provision
of a local |
ordinance
to give proof of his or her financial
responsibility |
as
defined in Section 7-315 of the Illinois Vehicle Code. The |
proof shall be
maintained by the individual in a manner |
satisfactory to the Secretary of State
for
a
minimum period of |
one year after the date the proof is first filed.
The proof |
shall be limited to a single action per arrest and may not be
|
affected by any post-sentence disposition. The Secretary of |
State shall
suspend the driver's license of any person
|
determined by the Secretary to be in violation of this |
subsection. |
(n) Any offender placed on supervision for any offense that |
the court or probation department has determined to be sexually |
motivated as defined in the Sex Offender Management Board Act |
shall be required to refrain from any contact, directly or |
indirectly, with any persons specified by the court and shall |
be available for all evaluations and treatment programs |
required by the court or the probation department.
|
(Source: P.A. 92-282, eff. 8-7-01; 92-458, eff. 8-22-01; |
92-651, eff. 7-11-02; 93-475, eff. 8-8-03; 93-970, eff. |
8-20-04.)
|
Section 10. The Sex Offender and Child Murderer Community |
Notification
Law is amended by adding Section 121 as follows:
|
(730 ILCS 152/121 new)
|
Sec. 121. Special alerts. A law enforcement agency having |
jurisdiction
may provide to the public a special alert list |
warning parents to be aware that
sex offenders may attempt to |
|
contact children during holidays involving
children, such as |
Halloween, Christmas, and Easter and to inform parents that
|
information containing the names and addresses of registered |
sex offenders
are accessible on the Internet by means of a |
hyperlink labeled "Sex Offender
Information" on the Department |
of State Police's World Wide Web home
page and are available |
for public inspection at the agency's headquarters.
|
Section 99. Effective date. This Act takes effect upon |
becoming law. |