Public Act 096-1414
 
SB3540 EnrolledLRB096 19411 RLC 34802 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Juvenile Court Act of 1987 is amended  by 
changing Sections 5-615, 5-715, and 5-905 as follows:
 



    (705 ILCS 405/5-615)


    Sec. 5-615. Continuance under supervision. 

    (1) The court may enter an order of continuance under 
supervision for an
offense other than first degree murder, a 
Class X felony or a forcible felony
(a) upon an admission or 
stipulation by the appropriate respondent or minor
respondent 
of the facts supporting the
petition and before proceeding to 
adjudication, or after hearing the evidence
at the trial, and 
(b) in the absence of objection made in open court by the

minor, his or her parent, guardian, or legal custodian, the 
minor's attorney or
the
State's Attorney.

    (2) If the minor, his or her parent, guardian, or legal 
custodian, the
minor's
attorney or State's Attorney objects in 
open court to any continuance and
insists upon proceeding to 
findings and adjudication, the court shall so
proceed.

    (3) Nothing in this Section limits the power of the court 
to order a
continuance of the hearing for the production of 
additional evidence or for any
other proper reason.

    (4) When a hearing where a minor is alleged to be a 
delinquent is
continued
pursuant to this Section, the period of 
continuance under supervision may not
exceed 24 months.  The 
court may terminate a continuance under supervision at
any time 
if warranted by the conduct of the minor and the ends of 
justice.

    (5) When a hearing where a minor is alleged to be 
delinquent is continued
pursuant to this Section, the court 
may, as conditions of the continuance under
supervision, 
require the minor to do any of the following:


        (a) not violate any criminal statute of any 
    jurisdiction;


        (b) make a report to and appear in person before any 
    person or agency as
directed by the court;


        (c) work or pursue a course of study or vocational 
    training;


        (d) undergo medical or psychotherapeutic treatment 
    rendered by a therapist
licensed under the provisions of 
    the Medical Practice Act of 1987,  the
Clinical Psychologist 
    Licensing Act, or the Clinical Social Work and Social
Work 
    Practice Act, or an entity licensed by the Department of 
    Human Services as
a successor to the Department of 
    Alcoholism and Substance Abuse, for the
provision of drug 
    addiction and alcoholism treatment;


        (e) attend or reside in a facility established for the 
    instruction or
residence of persons on probation;


        (f) support his or her dependents, if any;


        (g) pay costs;


        (h) refrain from possessing a firearm or other 
    dangerous weapon, or an
automobile;


        (i) permit the probation officer to visit him or her at 
    his or her home or
elsewhere;


        (j) reside with his or her parents or in a foster home;


        (k) attend school;


        (k-5) 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 committed a crime of violence as
defined in
Section 2 
    of the Crime Victims Compensation Act in a school, on the

    real
property
comprising a school, or within 1,000 feet of 
    the real property comprising a
school;


        (l) attend a non-residential program for youth;


        (m) contribute to his or her own support at home or in 
    a foster home;


        (n) perform some reasonable public or community 
    service;


        (o) make restitution to the victim, in the same manner 
    and under the same
conditions as provided in subsection (4) 
    of Section 5-710, except that the
"sentencing hearing" 
    referred
to in that Section shall be the adjudicatory 
    hearing for purposes of this
Section;


        (p) comply with curfew requirements as designated by 
    the court;


        (q) refrain from entering into a designated geographic 
    area except upon
terms as the court finds appropriate.  The 
    terms may include consideration of
the purpose of the 
    entry, the time of day, other persons accompanying the

    minor, and advance approval by a probation officer;


        (r) 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;


        (r-5) undergo a medical or other procedure to have a 
    tattoo symbolizing
allegiance to a street gang removed from 
    his or her body;


        (s) refrain from having in his or her body the presence 
    of any illicit
drug
prohibited by the Cannabis Control Act, 
    the Illinois Controlled Substances
Act, or the 
    Methamphetamine Control and Community Protection 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;  or


        (t) comply with any other conditions as may be ordered 
    by the court.

    (6) A minor whose case is continued under supervision under 
subsection (5)
shall be given a certificate setting forth the 
conditions imposed by the court.
Those conditions may be 
reduced, enlarged, or modified by the court on motion
of the 
probation officer or on its own motion, or that of the State's 
Attorney,
or, at the request of the minor after notice and 
hearing.

    (7) If a petition is filed charging a violation of a 
condition of the
continuance under supervision, the court shall 
conduct a hearing.  If the court
finds that a condition of 
supervision has not been fulfilled, the court may
proceed to 
findings and adjudication and disposition.  The filing of a 
petition
for violation of a condition of the continuance under 
supervision shall toll
the period of continuance under 
supervision until the final determination of
the charge, and 
the term of the continuance under supervision shall not run

until the hearing and disposition of the petition for 
violation;  provided
where the petition alleges conduct that 
does not constitute a criminal offense,
the hearing must be 
held within 30 days of the filing of the petition unless a

delay shall continue the tolling of the period of continuance 
under supervision
for the period of
the delay.

    (8) When a hearing in which a minor is alleged to be a 
delinquent for
reasons that include a violation of Section 
21-1.3 of the Criminal Code of 1961
is continued under this 
Section, the court shall, as a condition of the
continuance 
under supervision, require the minor to perform community 
service
for not less than 30 and not more than 120 hours, if 
community service is
available in the jurisdiction.  The 
community service shall include, but need
not be limited to, 
the cleanup and repair of the damage that was caused by the

alleged violation or similar damage to property located in the 
municipality or
county in which the alleged violation occurred.  
The condition may be in
addition to any other condition.

    (8.5) When a hearing in which a minor is alleged to be a 
delinquent for
reasons
that include a violation of Section 3.02 
or Section 3.03 of the Humane Care for
Animals Act or paragraph 
(d) of subsection (1)
of Section
21-1 of the Criminal Code of 
1961 is continued under this Section, the court
shall, as a

condition of the continuance under supervision, require the 
minor to undergo
medical or
psychiatric treatment rendered by a 
psychiatrist or psychological treatment
rendered by a
clinical 
psychologist. The condition may be in addition to any other

condition.

    (9) When a hearing in which a minor is alleged to be a 
delinquent is
continued under this Section, the court, before 
continuing the case, shall make
a finding whether the offense 
alleged to have been committed either:  (i) was
related to or in 
furtherance of the activities of an organized gang or was

motivated by the minor's membership in or allegiance to an 
organized gang, or
(ii) is a violation of paragraph (13) of 
subsection (a) of Section 12-2 of the
Criminal Code of 1961,  a 
violation of any Section of Article 24 of the
Criminal Code of 
1961, or a violation of any statute that involved the unlawful

use of a firearm.  If the court determines the question in the 
affirmative the
court shall, as a condition of the continuance 
under supervision and as part of
or in addition to any other 
condition of the supervision,
require the minor to perform 
community service for not less than 30 hours,
provided that 
community service is available in the
jurisdiction and is 
funded and approved by the county board of the county where
the 
offense was committed.  The community service shall include, but 
need not
be limited to, the cleanup and repair of any damage 
caused by an alleged
violation of Section 21-1.3 of the 
Criminal Code of 1961 and similar damage to
property located in 
the municipality or county in which the alleged violation

occurred.  When possible and reasonable, the community service 
shall be
performed in the minor'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.

    (10) The court shall impose upon a minor placed on 
supervision, as a
condition of the supervision, a fee of $50 
$25 for each month of supervision
ordered by the court, unless 
after determining the inability of the minor
placed on 
supervision to pay the fee, the court assesses a lesser amount.  
The
court may not impose the fee on a minor who is made a ward 
of the State under
this Act while the minor is in placement.  
The fee shall be imposed only upon a
minor who is actively 
supervised by the probation and court services
department.  A 
court may order the parent, guardian, or legal custodian of the

minor to pay some or all of the fee on the minor's behalf.

    (11) If a minor is placed on supervision for a violation of

subsection (a-7) of Section 1 of the Prevention of Tobacco Use 
by Minors Act, the
court may, in its discretion, and upon

recommendation by the State's Attorney, order that minor and 
his or her parents
or legal
guardian to attend a smoker's 
education or youth diversion program as defined
in that Act if 
that
program is available in the jurisdiction where the 
offender resides.
Attendance at a smoker's education or youth 
diversion program
shall be time-credited against any community 
service time imposed for any
first violation of subsection 
(a-7) of Section 1 of that Act.  In addition to any
other

penalty
that the court may impose for a violation of subsection 
(a-7) of Section 1 of
that Act, the
court, upon request by the 
State's Attorney, may in its discretion
require
the offender to 
remit a fee for his or her attendance at a smoker's
education 
or
youth diversion program.

    For purposes of this Section, "smoker's education program" 
or "youth
diversion program" includes, but is not limited to, a 
seminar designed to
educate a person on the physical and 
psychological effects of smoking tobacco
products and the 
health consequences of smoking tobacco products that can be

conducted with a locality's youth diversion program.

    In addition to any other penalty that the court may impose 
under this
subsection
(11):

        (a) If a minor violates subsection (a-7) of Section 1 
    of the Prevention of
Tobacco Use by Minors Act, the court 
    may
impose a sentence of 15 hours of
community service or a 
    fine of $25 for a first violation.

        (b) A second violation by a minor of subsection (a-7) 
    of Section 1 of that Act
that occurs
within 12 months after 
    the first violation is punishable by a fine of $50 and
25

    hours of community service.

        (c) A third or subsequent violation by a minor of 
    subsection (a-7) of Section
1 of that Act
that
occurs 
    within 12 months after the first violation is punishable by 
    a $100
fine
and 30 hours of community service.

        (d) Any second or subsequent violation not within the 
    12-month time period
after the first violation is 
    punishable as provided for a first violation.

(Source: P.A. eff. 1-1-00; 96-179, eff. 8-10-09.)

 
    (705 ILCS 405/5-715)

    Sec. 5-715. Probation.


    (1) The period of probation or conditional discharge shall 
not exceed 5
years or until the minor has attained the age of 
21 years, whichever is less,
except as provided in this Section 
for a minor who is found to be guilty
for an offense which is 
first degree murder, a Class X felony or a forcible
felony.  The 
juvenile court may terminate probation or
conditional 
discharge and discharge the minor at any time if warranted by 
the
conduct of the minor and the ends of justice;  provided, 
however, that the
period of probation for a minor who is found 
to be guilty for an offense which
is first degree murder, a 
Class X felony, or a forcible felony shall be at
least 5 years.


    (2) The court may as a condition of probation or of 
conditional discharge
require that the minor:


        (a) not violate any criminal statute of any 
    jurisdiction;


        (b) make a report to and appear in person before any 
    person or agency as
directed by the court;


        (c) work or pursue a course of study or vocational 
    training;


        (d) undergo medical or psychiatric treatment, rendered 
    by a psychiatrist
or
psychological treatment rendered by a 
    clinical psychologist or social work
services rendered by a 
    clinical social worker, or treatment for drug addiction
or 
    alcoholism;


        (e) attend or reside in a facility established for the 
    instruction or
residence of persons on probation;


        (f) support his or her dependents, if any;


        (g) refrain from possessing a firearm or other 
    dangerous weapon, or an
automobile;


        (h) permit the probation officer to visit him or her at 
    his or her home or
elsewhere;


        (i) reside with his or her parents or in a foster home;


        (j) attend school;


        (j-5) 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 committed a crime of violence as
defined in
Section 2 
    of the Crime Victims Compensation Act in a school, on the

    real
property
comprising a school, or within 1,000 feet of 
    the real property comprising a
school;


        (k) attend a non-residential program for youth;


        (l) make restitution under the terms of subsection (4) 
    of Section 5-710;


        (m) contribute to his or her own support at home or in 
    a foster home;


        (n) perform some reasonable public or community 
    service;


        (o) participate with community corrections programs 
    including unified
delinquency intervention services 
    administered by the Department of Human
Services
subject to 
    Section 5 of the Children and Family Services Act;


        (p) pay costs;


        (q) 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 minor:


            (i) remain within the interior premises of the 
        place designated for his
or her confinement during the 
        hours designated by the court;


            (ii) admit any person or agent designated by the 
        court into the minor's
place of confinement at any time 
        for purposes of verifying the minor's
compliance with 
        the conditions of his or her confinement;  and


            (iii) use an approved electronic monitoring device 
        if ordered by the
court subject to Article 8A of 
        Chapter V of the Unified Code of Corrections;


        (r) refrain from entering into a designated geographic 
    area except upon
terms as the court finds appropriate.  The 
    terms may include consideration of
the purpose of the 
    entry, the time of day, other persons accompanying the

    minor, and advance approval by a probation officer, if the 
    minor has been
placed on probation, or advance approval by 
    the court, if the minor has been
placed on conditional 
    discharge;


        (s) 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;


        (s-5) undergo a medical or other procedure to have a 
    tattoo symbolizing
allegiance to a street
gang removed from 
    his or her body;


        (t) refrain from having in his or her body the presence 
    of any illicit
drug
prohibited by the Cannabis Control Act, 
    the Illinois Controlled Substances
Act, or the 
    Methamphetamine Control and Community Protection Act, 
    unless prescribed
by a physician, and shall submit samples 
    of his or her blood or urine or both
for tests to determine 
    the presence of any illicit drug; or


        (u) comply with other conditions as may be ordered by 
    the court.


    (3) The court may as a condition of probation or of 
conditional discharge
require that a minor found guilty on any 
alcohol, cannabis, methamphetamine, or
controlled substance 
violation, refrain from acquiring a driver's license
during the 
period of probation or conditional discharge.  If the minor 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.


    (3.5) The court shall, as a condition of probation or of 
conditional
discharge,
require that a minor found to be guilty 
and placed on probation for reasons
that include a
violation of 
Section 3.02 or Section 3.03 of the Humane Care for Animals Act 
or
paragraph
(d) of subsection (1) of Section 21-1 of the

Criminal Code of 1961 undergo medical or psychiatric treatment 
rendered by a
psychiatrist or psychological treatment rendered 
by a clinical psychologist.
The
condition may be in addition to 
any other condition.


    (3.10) The court shall order that a minor placed on 
probation or
conditional discharge for a sex offense as defined 
in the Sex Offender
Management Board Act undergo and 
successfully complete sex offender treatment.
The treatment 
shall be in conformance with the standards developed under
the 
Sex Offender Management Board Act  and conducted by a treatment 
provider
approved by the Board.  The treatment shall be at the 
expense of the person
evaluated based upon that person's 
ability to pay for the treatment.


    (4) A minor on probation or conditional discharge shall be 
given a
certificate setting forth the conditions upon which he 
or she is being
released.


    (5) The court shall impose upon a minor placed on probation 
or conditional
discharge, as a condition of the probation or 
conditional discharge, a fee of
$50 $25 for each month of 
probation or conditional discharge supervision ordered by
the 
court, unless after determining the inability of the minor 
placed on
probation or conditional discharge to pay the fee, 
the court assesses a lesser
amount.  The court may not impose 
the fee on a minor who is made a ward of the
State under this 
Act while the minor is in placement.  The fee shall be
imposed 
only upon a minor who is actively supervised by the probation 
and court
services department.  The court may order the parent, 
guardian, or legal
custodian of the minor to pay some or all of 
the fee on the minor's behalf.


    (6) The General Assembly finds that in order to protect the 
public, the
juvenile justice system must compel compliance with 
the conditions of probation
by responding to violations with 
swift, certain, and fair punishments and
intermediate 
sanctions.  The Chief Judge of each circuit shall adopt a system

of structured, intermediate sanctions for violations of the 
terms and
conditions of a sentence of supervision, probation or 
conditional discharge,
under this
Act.


    The court shall provide as a condition of a disposition of 
probation,
conditional discharge, or supervision, that the 
probation agency may invoke any
sanction from the list of 
intermediate sanctions adopted by the chief judge of
the 
circuit court for violations of the terms and conditions of the 
sentence of
probation, conditional discharge, or supervision, 
subject to the provisions of
Section 5-720 of this Act.


(Source: P.A. 93-616, eff. 1-1-04; 94-556, eff. 9-11-05.)

 


    (705 ILCS 405/5-905)


    Sec. 5-905. Law enforcement records. 

    (1) Law Enforcement Records.
Inspection and copying of law 
enforcement records maintained by law enforcement
agencies 
that relate to a minor who has been arrested or taken into 
custody
before his or her 17th birthday shall be restricted to 
the following and when
necessary for the discharge of their 
official duties:


        (a) A judge of the circuit court and members of the 
    staff of the court
designated by the judge;


        (b) Law enforcement officers, probation officers or 
    prosecutors or their
staff, or, when necessary for the 
    discharge of its official duties in connection with a 
    particular investigation of the conduct of a law 
    enforcement officer, an independent agency or its staff 
    created by ordinance and charged by a unit of local 
    government with the duty of investigating the conduct of 
    law enforcement officers;


        (c) The minor, the minor's parents or legal guardian 
    and their attorneys,
but only when the juvenile has been 
    charged with an offense;


        (d) Adult and Juvenile Prisoner Review Boards;


        (e) Authorized military personnel;


        (f) Persons engaged in bona fide research, with the 
    permission of the
judge of juvenile court and the chief 
    executive of the agency that prepared the
particular 
    recording:  provided that publication of such research 
    results in no
disclosure of a minor's identity and protects 
    the confidentiality of the
record;


        (g) Individuals responsible for supervising or 
    providing temporary or
permanent care and custody of minors 
    pursuant to orders of the juvenile court
or directives from 
    officials of the Department of Children and Family
Services 
    or the Department of Human Services who certify in writing 
    that the
information will not be disclosed to any other 
    party except as provided under
law or order of court;


        (h) The appropriate school official.  Inspection and 
    copying
shall be limited to law enforcement records 
    transmitted to the appropriate
school official by a local 
    law enforcement agency under a reciprocal reporting
system 
    established and maintained between the school district and 
    the local law
enforcement agency under Section 10-20.14 of 
    the School Code concerning a minor
enrolled in a school 
    within the school district who has been arrested
for any 
    offense classified as a felony or a Class A or B 
    misdemeanor.

    (2) Information identifying victims and alleged victims of 
sex offenses,
shall not be disclosed or open to public 
inspection under any circumstances.
Nothing in this Section 
shall prohibit the victim or alleged victim of any sex
offense 
from voluntarily disclosing his or her identity.

    (2.5)  If the minor is a victim of aggravated battery, 
battery, attempted first degree murder, or other non-sexual 
violent offense, the identity of the victim may be disclosed to 
appropriate school officials, for the purpose of preventing 
foreseeable future violence involving minors, by a local law 
enforcement agency pursuant to an agreement established 
between the school district and a local law enforcement agency 
subject to the approval by the presiding judge of the juvenile 
court. 
    (3) Relevant information, reports and records shall be made 
available to the
Department of Juvenile Justice when a juvenile 
offender has been placed in the
custody of the Department of 
Juvenile Justice.

    (4) Nothing in this Section shall prohibit the inspection 
or disclosure to
victims and witnesses of photographs contained 
in the records of law
enforcement agencies when the inspection 
or disclosure is conducted in the
presence of a law enforcement 
officer for purposes of identification or
apprehension of any 
person in the course of any criminal investigation or

prosecution.

    (5) The records of law enforcement officers, or of an 
independent agency created by ordinance and charged by a unit 
of local government with the duty of investigating the conduct 
of law enforcement officers, concerning all minors under
17 
years of age must be maintained separate from the records of 
adults and
may not be open to public inspection or their 
contents disclosed to the
public except by order of the court 
or when the institution of criminal
proceedings has been 
permitted under Section 5-130 or 5-805 or required
under 
Section
5-130 or 5-805 or such a person has been convicted of a 
crime and is the
subject of
pre-sentence investigation or when 
provided by law.

    (6) Except as otherwise provided in this subsection (6), 
law enforcement
officers, and personnel of an independent 
agency created by ordinance and charged by a unit of local 
government with the duty of investigating the conduct of law 
enforcement officers, may not disclose the identity of any 
minor
in releasing information to the general public as to the 
arrest, investigation
or disposition of any case involving a 
minor.
Any victim or parent or legal guardian of a victim may 
petition the court to
disclose the name and address of the 
minor and the minor's parents or legal
guardian, or both.  Upon 
a finding by clear and convincing evidence that the
disclosure 
is either necessary for the victim to pursue a civil remedy 
against
the minor or the minor's parents or legal guardian, or 
both, or to protect the
victim's person or property from the 
minor, then the court may order the
disclosure of the 
information to the victim or to the parent or legal guardian
of 
the victim only for the purpose of the victim pursuing a civil 
remedy
against the minor or the minor's parents or legal 
guardian, or both, or to
protect the victim's person or 
property from the minor.

    (7) Nothing contained in this Section shall prohibit law 
enforcement
agencies when acting in their official capacity 
from communicating with each
other by letter, memorandum, 
teletype or
intelligence alert bulletin or other means the 
identity or other relevant
information pertaining to a person 
under 17 years of age.  The information
provided under this 
subsection (7) shall remain confidential and shall not
be 
publicly disclosed, except as otherwise allowed by law.

    (8) No person shall disclose information under this Section 
except when
acting in his or her official capacity and as 
provided by law or order of
court.

(Source: P.A. 96-419, eff. 8-13-09.)

 
    Section 10. The Unified Code of Corrections is amended  by 
changing Sections 5-6-3 and 5-6-3.1 as follows:
 
    (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)

    Sec. 5-6-3. Conditions of Probation and of Conditional 
Discharge.

    (a) The conditions of probation and of conditional 
discharge shall be
that the person:


        (1) not violate any criminal statute of any 
    jurisdiction;


        (2) report to or appear in person before such person or 
    agency as
directed by the court;


        (3) refrain from possessing a firearm or other 
    dangerous weapon where the offense is a felony or, if a 
    misdemeanor, the offense involved the intentional or 
    knowing infliction of bodily harm or threat of bodily harm;


        (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

    notification and approval of the person's probation

    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 
    Compact for Adult Offender Supervision;


        (5) permit the probation officer to visit
him at his 
    home or elsewhere
to the extent necessary to discharge his 
    duties;


        (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

    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;


        (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

    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

    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

    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 
    fails to comply with this clause (7).  The person on

    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

    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;


        (8) if convicted of possession of a substance 
    prohibited
by the Cannabis Control Act, the Illinois 
    Controlled Substances Act, or the Methamphetamine Control 
    and Community Protection 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, Section 410 
    of the Illinois Controlled Substances Act, or Section 70 of 
    the Methamphetamine Control and Community Protection Act 
    and upon a
finding by the court that the person is 
    addicted, undergo treatment at a
substance abuse program 
    approved by the court;


        (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

    in conformance with the standards developed under the Sex

    Offender Management Board Act;

        (8.6) if convicted of a sex offense as defined in the 
    Sex Offender Management Board Act, refrain from residing at 
    the same address or in the same condominium unit or 
    apartment unit or in the same condominium complex or 
    apartment complex with another person he or she knows or 
    reasonably should know is a convicted sex offender or has 
    been placed on supervision for a sex offense; the 
    provisions of this paragraph do not apply to a person 
    convicted of a sex offense who is placed in a Department of 
    Corrections licensed transitional housing facility for sex 
    offenders;
        (8.7)  if convicted for an offense committed on or after 
    June 1, 2008 (the effective date of Public Act 95-464) that 
    would qualify the accused as a child sex offender as 
    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 
    1961, refrain from communicating with or contacting, by 
    means of the Internet,  a person who is not related to the 
    accused and whom the accused reasonably believes to be 
    under 18 years of age; for purposes of this paragraph 
    (8.7), "Internet" has the meaning ascribed to it in Section 
    16J-5 of the Criminal Code of 1961; and a person is not 
    related to the accused if the person is  not: (i) the 
    spouse, brother, or sister of the accused;  (ii) a 
    descendant of the accused; (iii) a first or second cousin 
    of the accused; or (iv) a step-child or adopted child of 
    the accused;
        (8.8) if convicted for an offense under Section 11-6, 
    11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal 
    Code of 1961, or any attempt to commit any of these 
    offenses, committed on or after June 1, 2009 (the effective 
    date of Public Act 95-983):
            (i) not access or use a computer or any other 
        device with Internet capability without the prior 
        written approval of the offender's probation officer, 
        except in connection with the offender's employment or 
        search for employment with the prior approval of the 
        offender's probation officer;
            (ii) submit to periodic unannounced examinations 
        of the offender's computer or any other device with 
        Internet capability by the offender's probation 
        officer, a law enforcement officer, or assigned 
        computer or information technology specialist, 
        including the retrieval and copying of all data from 
        the computer or device and any internal or external 
        peripherals and removal of such information, 
        equipment, or device to conduct a more thorough 
        inspection;
            (iii) submit to the installation on the offender's 
        computer or device with Internet capability, at the 
        offender's expense, of one or more hardware or software 
        systems to monitor the Internet use; and
            (iv) submit to any other appropriate restrictions 
        concerning the offender's use of or access to a 
        computer or any other device with Internet capability 
        imposed by the offender's probation officer; 
        (8.9)  if convicted of a sex offense as defined in the 
    Sex Offender
Registration Act committed on or after January 
    1, 2010 (the effective date of Public Act 96-262) this 
    amendatory Act of the 96th General Assembly,  refrain from 
    accessing or using a social networking website as defined 
    in Section 16D-2 of the Criminal Code of 1961;

        (9) if convicted of a felony, physically surrender at a 
    time and place
designated by the court, his or her Firearm

    Owner's Identification Card and
any and all firearms in
his 
    or her possession;


        (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 
    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; and
        (11) if convicted of a sex offense as defined in 
    Section 2 of the Sex Offender Registration Act committed on 
    or after January 1, 2010 (the effective date of Public Act 
    96-362) this amendatory Act of the 96th General Assembly 
    that requires the person to register as a sex offender 
    under that Act, may not knowingly use any computer scrub 
    software on any computer that the sex offender uses. 
    (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:


        (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;


        (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) 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;


            (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

        property
comprising a school, or within 1,000 feet of 
        the real property comprising a
school;


        (8) make restitution as provided in Section 5-5-6 of 
    this Code;


        (9) perform some reasonable public or community 
    service;


        (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:


            (i) remain within the interior premises of the 
        place designated for
his confinement during the hours 
        designated by the court;


            (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


            (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;


            (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


            (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.


        (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;


        (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, (i) to a 
    "local anti-crime
program", as defined in Section 7 of the 
    Anti-Crime Advisory Council Act, or (ii) for offenses under 
    the jurisdiction of the Department of Natural Resources, to 
    the fund established by the Department of Natural Resources 
    for the purchase of evidence for investigation purposes and 
    to conduct investigations as outlined in Section 805-105 of 
    the Department of Natural Resources (Conservation) Law;


        (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, the Illinois Controlled
Substances Act, or the 
    Methamphetamine Control and Community Protection 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)  if convicted for an offense committed on or after 
    June 1, 2008 (the effective date of Public Act 95-464) that 
    would qualify the accused as a child sex offender as 
    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 
    1961, refrain from communicating with or contacting, by 
    means of the Internet,  a person who is  related to the 
    accused and whom the accused reasonably believes to be 
    under 18 years of age; for purposes of this paragraph (17), 
    "Internet" has the meaning ascribed to it in Section 16J-5 
    of the Criminal Code of 1961; and a person is related to 
    the accused if the person is: (i) the spouse, brother, or 
    sister of the accused;  (ii) a descendant of the accused; 
    (iii) a first or second cousin of the accused; or (iv) a 
    step-child or adopted child of the accused;
        (18) if convicted for an offense committed on or after 
    June 1, 2009 (the effective date of Public Act 95-983) that 
    would qualify as a sex offense as defined in the Sex 
    Offender Registration Act:
            (i) not access or use a computer or any other 
        device with Internet capability without the prior 
        written approval of the offender's probation officer, 
        except in connection with the offender's employment or 
        search for employment with the prior approval of the 
        offender's probation officer;
            (ii) submit to periodic unannounced examinations 
        of the offender's computer or any other device with 
        Internet capability by the offender's probation 
        officer, a law enforcement officer, or assigned 
        computer or information technology specialist, 
        including the retrieval and copying of all data from 
        the computer or device and any internal or external 
        peripherals and removal of such information, 
        equipment, or device to conduct a more thorough 
        inspection;
            (iii) submit to the installation on the offender's 
        computer or device with Internet capability, at the 
        subject's expense, of one or more hardware or software 
        systems to monitor the Internet use; and
            (iv) submit to any other appropriate restrictions 
        concerning the offender's use of or access to a 
        computer or any other device with Internet capability 
        imposed by the offender's probation officer; and 
        (19)  refrain from possessing a firearm or other 
    dangerous weapon where the offense is a misdemeanor that 
    did not involve the intentional or knowing infliction of 
    bodily harm or threat of bodily harm. 
    (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.

    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.
    The Court may only waive probation fees based on an 
offender's ability to pay.  The probation department may 
re-evaluate an offender's ability to pay every 6 months, and, 
with the approval of the Director of Court Services or the 
Chief Probation Officer, adjust the monthly fee amount. An 
offender may elect to pay probation fees due in a lump sum.
Any 
offender that has been assigned to the supervision of a 
probation department, or has been transferred either under 
subsection (h) of this Section or under any interstate compact, 
shall be required to pay probation fees to the department 
supervising the offender, based on the offender's ability to 
pay.


    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.

    (l) The court may order an offender who is sentenced to  
probation or conditional
discharge for a violation of an order 
of protection be placed under electronic surveillance as 
provided in Section 5-8A-7 of this Code. 
(Source: P.A. 95-331, eff. 8-21-07; 95-464, eff. 6-1-08; 
95-578, eff. 6-1-08; 95-696, eff. 6-1-08; 95-773, eff. 1-1-09; 
95-876, eff. 8-21-08; 95-983, eff. 6-1-09; 96-262, eff. 1-1-10; 
96-328, eff. 8-11-09; 96-362, eff. 1-1-10; 96-695, eff. 
8-25-09; revised 9-25-09.)
 


    (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,

Section 
411.2 of the Illinois Controlled
Substances Act,  or Section 80 
of the Methamphetamine Control and Community Protection 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, (i) to a 
    "local anti-crime program", as defined
in Section 7 of the 
    Anti-Crime Advisory Council Act, or (ii) for offenses under 
    the jurisdiction of the Department of Natural Resources, to 
    the fund established by the Department of Natural Resources 
    for the purchase of evidence for investigation purposes and 
    to conduct investigations as outlined in Section 805-105 of 
    the Department of Natural Resources (Conservation) Law;


        (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, the Illinois Controlled
Substances Act, or the 
    Methamphetamine Control and Community Protection 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 clause (a)(1)(L) of Section 5.2 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.
    The Court may only waive probation fees based on an 
offender's ability to pay.  The probation department may 
re-evaluate an offender's ability to pay every 6 months, and, 
with the approval of the Director of Court Services or the 
Chief Probation Officer, adjust the monthly fee amount. An 
offender may elect to pay probation fees due in a lump sum.
Any 
offender that has been assigned to the supervision of a 
probation department, or has been transferred either under 
subsection (h) of this Section or under any interstate compact, 
shall be required to pay probation fees to the department 
supervising the offender, based on the offender's ability to 
pay.

    (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, the Illinois Controlled Substances Act, 
or the Methamphetamine Control and Community Protection Act

after a previous conviction or disposition of supervision for 
possession of a
substance prohibited by the Cannabis Control 
Act, the Illinois Controlled
Substances Act, or the 
Methamphetamine Control and Community Protection 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 
3 years 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.


    (o) An offender placed on supervision for a sex offense as 
defined in the Sex Offender
Management Board Act shall  refrain 
from residing at the same address or in the same condominium 
unit or apartment unit or in the same condominium complex or 
apartment complex with another person he or she knows or 
reasonably should know is a convicted sex offender or has been 
placed on supervision for a sex offense.  The provisions of this 
subsection (o) do not apply to a person convicted of a sex 
offense who is placed in a Department of Corrections licensed 
transitional housing facility for sex offenders.
    (p)  An offender placed on supervision for an offense  
committed on or after June 1, 2008
(the effective date of 
Public Act 95-464)
 that would qualify the accused as a child 
sex offender as defined in Section 11-9.3 or 11-9.4 of the 
Criminal Code of 1961 shall refrain from communicating with or 
contacting, by means of the Internet,  a person who is not 
related to the accused and whom the accused reasonably believes 
to be under 18 years of age. For purposes of this subsection 
(p), "Internet" has the meaning ascribed to it in Section 16J-5 
of the Criminal Code of 1961; and a person is not related to 
the accused if the person is  not: (i) the spouse, brother, or 
sister of the accused;  (ii) a descendant of the accused; (iii) 
a first or second cousin of the accused; or (iv) a step-child 
or adopted child of the accused.

    (q)  An offender placed on supervision for an offense  
committed on or after June 1, 2008
(the effective date of 
Public Act 95-464)
 that would qualify the accused as a child 
sex offender as defined in Section 11-9.3 or 11-9.4 of the 
Criminal Code of 1961 shall, if so ordered by the court,  
refrain from communicating with or contacting, by means of the 
Internet,  a person who is related to the accused and whom the 
accused reasonably believes to be under 18 years of age. For 
purposes of this subsection (q), "Internet" has the meaning 
ascribed to it in Section 16J-5 of the Criminal Code of 1961; 
and a person is related to the accused if the person is: (i) 
the spouse, brother, or sister of the accused;  (ii) a 
descendant of the accused; (iii) a first or second cousin of 
the accused; or (iv) a step-child or adopted child of the 
accused.

    (r) An offender placed on supervision for an offense under 
Section 11-6, 11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of 
the Criminal Code of 1961, or any attempt to commit any of 
these offenses, committed on or after the effective date of 
this amendatory Act of the 95th General Assembly shall:
        (i) not access or use a computer or any other device 
    with Internet capability without the prior written 
    approval of the court, except in connection with the 
    offender's employment or search for employment with the 
    prior approval of the court;
        (ii) submit to periodic unannounced examinations of 
    the offender's computer or any other device with Internet 
    capability by the offender's probation officer, a law 
    enforcement officer, or assigned computer or information 
    technology specialist, including the retrieval and copying 
    of all data from the computer or device and any internal or 
    external peripherals and removal of such information, 
    equipment, or device to conduct a more thorough inspection;
        (iii) submit to the installation on the offender's 
    computer or device with Internet capability, at the 
    offender's expense, of one or more hardware or software 
    systems to monitor the Internet use; and
        (iv) submit to any other appropriate restrictions 
    concerning the offender's use of or access to a computer or 
    any other device with Internet capability imposed by the 
    court. 
    (s)  An offender placed on supervision for an offense that 
is a sex offense as defined in Section 2 of the Sex Offender 
Registration Act that is committed on or after January 1, 2010 
(the effective date of Public Act 96-362) this amendatory Act 
of the 96th General Assembly that requires the person to 
register as a sex offender under that Act, may not knowingly 
use any computer scrub software on any computer that the sex 
offender uses. 
    (t) (s)  An offender placed on supervision for a sex offense 
as defined in the Sex Offender
Registration Act committed on or 
after January 1, 2010 (the effective date of Public Act 96-262) 
this amendatory Act of the 96th General Assembly shall refrain 
from accessing or using a social networking website as defined 
in Section 16D-2 of the Criminal Code of 1961. 
(Source: P.A. 95-211, eff. 1-1-08; 95-331, eff. 8-21-07; 
95-464, eff. 6-1-08; 95-696, eff. 6-1-08; 95-876, eff. 8-21-08; 
95-983, eff. 6-1-09; 96-262, eff. 1-1-10; 96-362, eff. 1-1-10; 
96-409, eff. 1-1-10; revised 9-25-09.)