Public Act 098-0940
 
HB5950 EnrolledLRB098 18667 RLC 53810 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 Unified Code of Corrections is amended  by 
changing Sections 5-6-2 and 5-6-3.1 as follows:
 


    (730 ILCS 5/5-6-2)  (from Ch. 38, par. 1005-6-2)



    Sec. 5-6-2. Incidents of Probation and of Conditional 
Discharge. 

    (a) When an offender is sentenced to probation or 
conditional discharge,
the court shall impose a period as 
provided in Article 4.5 of Chapter V, and
shall specify the 
conditions under Section 5-6-3.

    (b) Multiple terms of probation imposed at the same time 
shall run
concurrently.

    (c) The court may at any time terminate probation or 
conditional
discharge if warranted by the conduct of the 
offender and the ends of
justice, as provided in Section 5-6-4.

    (d) Upon the expiration or termination of the period of 
probation or
of conditional discharge, the court shall enter an 
order discharging the
offender.

    (e) The court may extend any period of probation or 
conditional
discharge beyond the limits set forth in Article 
4.5 of Chapter V
 upon
a violation of a condition of the 
probation or conditional discharge, for the
payment of an 
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, or for the payment of restitution as
provided 
by an order of restitution under Section 5-5-6 of this Code.
    (e-5)  If payment of restitution as ordered has not been 
made, the victim shall file a
petition notifying the sentencing 
court, any other person to whom restitution is owed, and
the 
State's Attorney of the status of the ordered restitution 
payments unpaid at least 90
days before the probation  or 
conditional discharge expiration date. If payment as ordered 
has not been made, the
court shall hold a review hearing prior 
to the expiration date, unless the hearing
is voluntarily 
waived by the defendant with the knowledge that waiver may 
result in an
extension of the probation or conditional 
discharge period or in a revocation of probation or conditional 
discharge. If the court does not
extend probation or 
conditional discharge, it shall issue a judgment for the unpaid 
restitution and direct the clerk
of the circuit court to file 
and enter the judgment in the judgment and lien docket, without

fee, unless it finds that the victim has recovered a judgment 
against the
defendant for the amount covered by the restitution 
order. If the court issues a
judgment for the unpaid 
restitution, the court shall send to the defendant at his or 
her last known
address written notification that a civil 
judgment has been issued for the unpaid
restitution. 
    (f) The court may impose a term of probation that is 
concurrent or consecutive to a term of imprisonment so long as 
the maximum term imposed does not exceed the maximum term 
provided under Article 4.5 of Chapter V or Article 8 of this 
Chapter.  The court may provide that probation may commence 
while an offender is on mandatory supervised release, 
participating in a day release program, or being monitored by 
an electronic monitoring device.


(Source: P.A. 94-556, eff. 9-11-05; 95-1052, eff. 7-1-09.)

 


    (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 or the 
Criminal Code of 2012 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 or the Criminal Code of 2012 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.
    (c-5)  If payment of restitution as ordered has not been 
made, the victim shall file a
petition notifying the sentencing 
court, any other person to whom restitution is owed, and
the 
State's Attorney of the status of the ordered restitution 
payments unpaid at least 90
days before the supervision 
expiration date. If payment as ordered has not been made, the

court shall hold a review hearing prior to the expiration date, 
unless the hearing
is voluntarily waived by the defendant with 
the knowledge that waiver may result in an
extension of the 
supervision period or in a revocation of supervision. If the 
court does not
extend supervision, it shall issue a judgment 
for the unpaid restitution and direct the clerk
of the circuit 
court to file and enter the judgment in the judgment and lien 
docket, without
fee, unless it finds that the victim has 
recovered a judgment against the
defendant for the amount 
covered by the restitution order. If the court issues a

judgment for the unpaid restitution, the court shall send to 
the defendant at his or her last known
address written 
notification that a civil judgment has been issued for the 
unpaid
restitution. 
    (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, 16-25,
or 16A-3 of the Criminal Code of 1961 
or the Criminal Code of 2012, 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 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. 
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 or the Criminal Code of 2012 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 16-0.1 of the Criminal Code of 2012; 
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 or the Criminal Code of 2012 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 16-0.1 of 
the Criminal Code of 2012; 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, 11-14.4 that involves soliciting for a 
juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 
11-21 of the Criminal Code of 1961 or the Criminal Code of 
2012, 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) 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)  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) 
shall refrain from accessing or using a social networking 
website as defined in Section 17-0.5 of the Criminal Code of 
2012. 
    (u) 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. The probation department within 
the circuit to which jurisdiction has been transferred may 
impose probation fees upon receiving the transferred offender, 
as provided in subsection (i). The probation department from 
the original sentencing court shall retain all probation fees 
collected prior to the transfer. 
(Source: P.A. 96-262, eff. 1-1-10; 96-362, eff. 1-1-10; 96-409, 
eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1414, eff. 1-1-11; 
96-1551, Article 2, Section 1065, eff. 7-1-11; 96-1551, Article 
10, Section 10-150, eff. 7-1-11; 97-454, eff. 1-1-12; 97-597, 
eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
  


Effective Date:  1/1/2015