Public Act 90-0399 of the 90th General Assembly
Public Act 90-0399
SB112 Enrolled LRB9000804RCks
AN ACT in relation to fees imposed for electronic
monitoring, drug testing, and alcohol testing.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by changing
Section 5-1086.1 as follows:
(55 ILCS 5/5-1086.1) (from Ch. 34, par. 5-1086.1)
Sec. 5-1086.1. Substance Abuse Services Fund.
(a) In any county that has by county board action
established a program of pretrial bond home supervision by
use of an approved monitoring device, or a program using an
approved monitoring device as a condition of probation or
conditional discharge, the county treasurer shall establish a
substance abuse services fund. Fees collected under
paragraph (b)(14.1) subsection (c) of Section 110-10 of the
Code of Criminal Procedure of 1963 and paragraph (b)(10)(iv)
of Section 5-6-3 of the Unified Code of Corrections shall be
deposited into this fund. The county treasurer shall not
disburse the monies from the fund except at the direction of
the county board in each county.
(b) Monies in the substance abuse fund shall only be
appropriated by the county board to be used within the county
where collected for the establishment and maintenance of
facilities and programs for the medical care, treatment or
rehabilitation of all persons suffering from substance abuse
problems, including the hospitalization of pregnant women who
are addicted to alcohol, cannabis or controlled substances
and for needed care of their newborn children.
(c) Monies expended from the substance abuse services
fund shall be used to supplement, not supplant, county
appropriations for substance abuse services.
(d) Interest earned on monies deposited in the substance
abuse services fund may be used by the county for its
ordinary and contingent expenditures.
(Source: P.A. 87-805.)
Section 10. The Code of Criminal Procedure of 1963 is
amended by changing Section 110-10 as follows:
(725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
Sec. 110-10. Conditions of bail bond.
(a) If a person is released prior to conviction, either
upon payment of bail security or on his or her own
recognizance, the conditions of the bail bond shall be that
he or she will:
(1) Appear to answer the charge in the court having
jurisdiction on a day certain and thereafter as ordered
by the court until discharged or final order of the
court;
(2) Submit himself or herself to the orders and
process of the court;
(3) Not depart this State without leave of the
court;
(4) Not violate any criminal statute of any
jurisdiction; and
(5) At a time and place designated by the court,
surrender all firearms in his or her possession to a law
enforcement officer designated by the court to take
custody of and impound the firearms when the offense the
person has been charged with is a forcible felony,
stalking, aggravated stalking, domestic battery, any
violation of either the Illinois Controlled Substances
Act or the Cannabis Control Act that is classified as a
Class 2 or greater felony, or any felony violation of
Article 24 of the Criminal Code of 1961. The court may,
however, forego the imposition of this condition when the
circumstances of the case clearly do not warrant it or
when its imposition would be impractical. All legally
possessed firearms shall be returned to the person upon
that person completing a sentence for a conviction on a
misdemeanor domestic battery, upon the charges being
dismissed, or if the person is found not guilty, unless
the finding of not guilty is by reason of insanity.
(b) The court may impose other conditions, such as the
following, if the court finds that such conditions are
reasonably necessary to assure the defendant's appearance in
court, protect the public from the defendant, or prevent the
defendant's unlawful interference with the orderly
administration of justice:
(1) Report to or appear in person before such
person or agency as the court may direct;
(2) Refrain from possessing a firearm or other
dangerous weapon;
(3) Refrain from approaching or communicating with
particular persons or classes of persons;
(4) Refrain from going to certain described
geographical areas or premises;
(5) Refrain from engaging in certain activities or
indulging in intoxicating liquors or in certain drugs;
(6) Undergo treatment for drug addiction or
alcoholism;
(7) Undergo medical or psychiatric treatment;
(8) Work or pursue a course of study or vocational
training;
(9) Attend or reside in a facility designated by
the court;
(10) Support his or her dependents;
(11) If a minor resides with his or her parents or
in a foster home, attend school, attend a non-residential
program for youths, and contribute to his or her own
support at home or in a foster home;
(12) Observe any curfew ordered by the court;
(13) Remain in the custody of such designated
person or organization agreeing to supervise his release.
Such third party custodian shall be responsible for
notifying the court if the defendant fails to observe the
conditions of release which the custodian has agreed to
monitor, and shall be subject to contempt of court for
failure so to notify the court;
(14) Be placed under direct supervision of the
Pretrial Services Agency, Probation Department or Court
Services Department in a pretrial bond home supervision
capacity with or without the use of an approved
electronic monitoring device subject to Article 8A of
Chapter V of the Unified Code of Corrections; or
(14.1) The court shall impose upon a defendant who
is charged with any alcohol, cannabis or controlled
substance violation and is placed under direct
supervision of the Pretrial Services Agency, Probation
Department or Court Services Department in a pretrial
bond home supervision capacity with the use of an
approved monitoring device, as a condition of such bail
bond, a fee not to exceed $5 for each day of such bail
supervision ordered by the court, 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. 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;
(14.2) The court shall impose upon all defendants,
including other than those defendants subject to
paragraph (14.1) above, placed under direct supervision
of the Pretrial Services Agency, Probation Department or
Court Services Department in a pretrial bond home
supervision capacity with the use of an approved
monitoring device, as a condition of such bail bond, a
fee which (beginning July 1, 1995) shall represent costs
incidental to such electronic monitoring for each day of
such bail supervision ordered by the court, 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. 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;
(15) Comply with the terms and conditions of an
order of protection issued by the court under the
Illinois Domestic Violence Act of 1986;
(16) Under Section 110-6.5 comply with the
conditions of the drug testing program; and
(17) Such other reasonable conditions as the court
may impose.
(c) When a person is charged with an offense under
Section 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
"Criminal Code of 1961", involving a victim who is a minor
under 18 years of age living in the same household with the
defendant at the time of the offense, in granting bail or
releasing the defendant on his own recognizance, the judge
shall impose conditions to restrict the defendant's access to
the victim which may include, but are not limited to
conditions that he will:
1. Vacate the Household.
2. Make payment of temporary support to his
dependents.
3. Refrain from contact or communication with the
child victim, except as ordered by the court.
(d) When a person is charged with a criminal offense and
the victim is a family or household member as defined in
Article 112A, conditions shall be imposed at the time of the
defendant's release on bond that restrict the defendant's
access to the victim. Unless provided otherwise by the court,
the restrictions shall include requirements that the
defendant do the following:
(1) refrain from contact or communication with the
victim for a minimum period of 72 hours following the
defendant's release; and
(2) refrain from entering or remaining at the
victim's residence for a minimum period of 72 hours
following the defendant's release.
(e) Local law enforcement agencies shall develop
standardized bond forms for use in cases involving family or
household members as defined in Article 112A, including
specific conditions of bond as provided in subsection (d).
Failure of any law enforcement department to develop or use
those forms shall in no way limit the applicability and
enforcement of subsections (d) and (f).
(f) If the defendant is admitted to bail after
conviction the conditions of the bail bond shall be that he
will, in addition to the conditions set forth in subsections
(a) and (b) hereof:
(1) Duly prosecute his appeal;
(2) Appear at such time and place as the court may
direct;
(3) Not depart this State without leave of the
court;
(4) Comply with such other reasonable conditions as
the court may impose; and,
(5) If the judgment is affirmed or the cause
reversed and remanded for a new trial, forthwith
surrender to the officer from whose custody he was
bailed.
(Source: P.A. 88-677, eff. 12-15-94; 88-679, eff. 7-1-95;
88-680, eff. 1-1-95; 89-235, eff. 8-4-95; 89-428, eff.
12-13-95; 89-462, eff. 5-29-96.)
Section 15. The Unified Code of Corrections is amended
by changing Sections 5-6-3, 5-6-3.1, 5-7-1, and 5-8A-5 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;
(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;
(5) permit the probation officer to visit him at
his home or elsewhere to the extent necessary to
discharge his duties; and
(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.
(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;
(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 not to exceed $5
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 not to exceed $5
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 The
fee shall be imposed in addition to the fees fee
imposed under subsections (g) and subsection (i) of
Section 5-6-3. 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. 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, to a
"local anti-crime program", as defined in Section 7 of
the Anti-Crime Advisory Council Act;
(14) refrain from entering into a designated
geographic area except upon such terms as the court finds
appropriate. Such terms may include consideration of the
purpose of the entry, the time of day, other persons
accompanying the defendant, and advance approval by a
probation officer, if the defendant has been placed on
probation or advance approval by the court, if the
defendant was placed on conditional discharge;
(15) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of persons, including but not limited to members of
street gangs and drug users or dealers;
(16) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act or the Illinois Controlled Substances Act,
unless prescribed by a physician, and submit samples of
his or her blood or urine or both for tests to determine
the presence of any illicit drug.
(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) 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
may 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 may 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, as a condition of such probation or
conditional discharge, a fee of $25 for each month of
probation or conditional discharge supervision ordered by the
court, unless after determining the inability of the person
sentenced to probation or conditional discharge 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.
(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.
(Source: P.A. 88-510; 88-680, eff. 1-1-95; 89-198, eff.
7-21-95; 89-587, eff. 7-31-96.)
(730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
Sec. 5-6-3.1. Incidents and Conditions of Supervision.
(a) When a defendant is placed on supervision, the court
shall enter an order for supervision specifying the period of
such supervision, and shall defer further proceedings in the
case until the conclusion of the period.
(b) The period of supervision shall be reasonable under
all of the circumstances of the case, but may not be longer
than 2 years, unless the defendant has failed to pay the
assessment required by Section 10.3 of the Cannabis Control
Act or Section 411.2 of the Illinois Controlled Substances
Act, in which case the court may extend supervision beyond 2
years. Additionally, the court shall order the defendant to
perform no less than 30 hours of community service and not
more than 120 hours of community service, if community
service is available in the jurisdiction and is funded and
approved by the county board where the offense was committed,
when the offense (1) was related to or in furtherance of the
criminal activities of an organized gang or was motivated by
the defendant's membership in or allegiance to an organized
gang; or (2) is a violation of any Section of Article 24 of
the Criminal Code of 1961 where a disposition of supervision
is not prohibited by Section 5-6-1 of this Code. The
community service shall include, but not be limited to, the
cleanup and repair of any damage caused by violation of
Section 21-1.3 of the Criminal Code of 1961 and similar
damages to property located within the municipality or county
in which the violation occurred. Where possible and
reasonable, the community service should be performed in the
offender's neighborhood.
For the purposes of this Section, "organized gang" has
the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(c) The court may in addition to other reasonable
conditions relating to the nature of the offense or the
rehabilitation of the defendant as determined for each
defendant in the proper discretion of the court require that
the person:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or
social service agency as directed by the court in the
order of supervision;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical, psychological or psychiatric
treatment; or treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for
the instruction or residence of defendants on probation;
(6) support his dependents;
(7) refrain from possessing a firearm or other
dangerous weapon;
(8) and in addition, if a minor:
(i) reside with his parents or in a foster
home;
(ii) attend school;
(iii) attend a non-residential program for
youth;
(iv) contribute to his own support at home or
in a foster home; and
(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. If the court has
ordered the defendant to make a report and appear in
person under paragraph (1) of this subsection, a copy of
the order of protection shall be transmitted to the
person or agency so designated by the court;
(12) reimburse any "local anti-crime program" as
defined in Section 7 of the Anti-Crime Advisory Council
Act for any reasonable expenses incurred by the program
on the offender's case, not to exceed the maximum amount
of the fine authorized for the offense for which the
defendant was sentenced;
(13) contribute a reasonable sum of money, not to
exceed the maximum amount of the fine authorized for the
offense for which the defendant was sentenced, to a
"local anti-crime program", as defined in Section 7 of
the Anti-Crime Advisory Council Act;
(14) refrain from entering into a designated
geographic area except upon such terms as the court finds
appropriate. Such terms may include consideration of the
purpose of the entry, the time of day, other persons
accompanying the defendant, and advance approval by a
probation officer;
(15) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of person, including but not limited to members of
street gangs and drug users or dealers;
(16) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act or the Illinois Controlled Substances Act,
unless prescribed by a physician, and submit samples of
his or her blood or urine or both for tests to determine
the presence of any illicit drug.
(d) The court shall defer entering any judgment on the
charges until the conclusion of the supervision.
(e) At the conclusion of the period of supervision, if
the court determines that the defendant has successfully
complied with all of the conditions of supervision, the court
shall discharge the defendant and enter a judgment dismissing
the charges.
(f) Discharge and dismissal upon a successful conclusion
of a disposition of supervision shall be deemed without
adjudication of guilt and shall not be termed a conviction
for purposes of disqualification or disabilities imposed by
law upon conviction of a crime. Two years after the
discharge and dismissal under this Section, unless the
disposition of supervision was for a violation of Sections
3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
Vehicle Code or a similar provision of a local ordinance, or
for a violation of Sections 12-3.2 or 16A-3 of the Criminal
Code of 1961, in which case it shall be 5 years after
discharge and dismissal, a person may have his record of
arrest sealed or expunged as may be provided by law.
However, any defendant placed on supervision before January
1, 1980, may move for sealing or expungement of his arrest
record, as provided by law, at any time after discharge and
dismissal under this Section. A person placed on supervision
for a sexual offense committed against a minor as defined in
subsection (g) of Section 5 of the Criminal Identification
Act or for a violation of Section 11-501 of the Illinois
Vehicle Code or a similar provision of a local ordinance
shall not have his or her record of arrest sealed or
expunged.
(g) A defendant placed on supervision and who during the
period of supervision undergoes mandatory drug or alcohol
testing, or both, or is assigned to be placed on an approved
electronic monitoring device, shall may 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 may 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 offenders 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, as a condition of
supervision, a fee of $25 for each month of supervision
ordered by the court, unless after determining the inability
of the person placed on supervision 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.
(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.
(Source: P.A. 88-77; 88-510; 88-670, eff. 12-2-94; 88-680,
eff. 1-1-95; 89-198, eff. 7-21-95; 89-203, eff. 7-21-95;
89-626, eff. 8-9-96; 89-637, eff. 1-1-97.)
(730 ILCS 5/5-7-1) (from Ch. 38, par. 1005-7-1)
Sec. 5-7-1. Sentence of Periodic Imprisonment.
(a) A sentence of periodic imprisonment is a sentence of
imprisonment during which the committed person may be
released for periods of time during the day or night or for
periods of days, or both, or if convicted of a felony, other
than first degree murder, a Class X or Class 1 felony,
committed to any county, municipal, or regional correctional
or detention institution or facility in this State for such
periods of time as the court may direct. Unless the court
orders otherwise, the particular times and conditions of
release shall be determined by the Department of Corrections,
the sheriff, or the Superintendent of the house of
corrections, who is administering the program.
(b) A sentence of periodic imprisonment may be imposed
to permit the defendant to:
(1) seek employment;
(2) work;
(3) conduct a business or other self-employed
occupation including housekeeping;
(4) attend to family needs;
(5) attend an educational institution, including
vocational education;
(6) obtain medical or psychological treatment;
(7) perform work duties at a county, municipal, or
regional correctional or detention institution or
facility;
(8) continue to reside at home with or without
supervision involving the use of an approved electronic
monitoring device, subject to Article 8A of Chapter V; or
(9) for any other purpose determined by the court.
(c) Except where prohibited by other provisions of this
Code, the court may impose a sentence of periodic
imprisonment for a felony or misdemeanor on a person who is
17 years of age or older. The court shall not impose a
sentence of periodic imprisonment if it imposes a sentence of
imprisonment upon the defendant in excess of 90 days.
(d) A sentence of periodic imprisonment shall be for a
definite term of from 3 to 4 years for a Class 1 felony, 18
to 30 months for a Class 2 felony, and up to 18 months, or
the longest sentence of imprisonment that could be imposed
for the offense, whichever is less, for all other offenses;
however, no person shall be sentenced to a term of periodic
imprisonment longer than one year if he is committed to a
county correctional institution or facility, and in
conjunction with that sentence participate in a county work
release program comparable to the work and day release
program provided for in Article 13 of the Unified Code of
Corrections in State facilities. The term of the sentence
shall be calculated upon the basis of the duration of its
term rather than upon the basis of the actual days spent in
confinement. No sentence of periodic imprisonment shall be
subject to the good time credit provisions of Section 3-6-3
of this Code.
(e) When the court imposes a sentence of periodic
imprisonment, it shall state:
(1) the term of such sentence;
(2) the days or parts of days which the defendant
is to be confined;
(3) the conditions.
(f) The court may issue an order of protection pursuant
to the Illinois Domestic Violence Act of 1986 as a condition
of a sentence of periodic imprisonment. The Illinois Domestic
Violence Act of 1986 shall govern the issuance, enforcement
and recording of orders of protection issued under this
Section. A copy of the order of protection shall be
transmitted to the person or agency having responsibility for
the case.
(g) An offender sentenced to periodic imprisonment, 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 may 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 may 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 offenders with a sentence of periodic
imprisonment. 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) All fees 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.
(Source: P.A. 86-328; 86-1281; 86-1320; 86-1475; 87-670.)
(730 ILCS 5/5-8A-5) (from Ch. 38, par. 1005-8A-5)
Sec. 5-8A-5. Consent of the participant. Before
entering an order for commitment for electronic home
detention, the supervising authority shall inform the
participant and other persons residing in the home of the
nature and extent of the approved electronic monitoring
devices by doing the following:
(A) Securing the written consent of the participant in
the program to comply with the rules and regulations of the
program as stipulated in subsections (A) through (I) of
Section 5-8A-4.
(B) Where possible, securing the written consent of
other persons residing in the home of the participant,
including the person in whose name the telephone is
registered, at the time of the order or commitment for
electronic home detention is entered and acknowledge the
nature and extent of approved electronic monitoring devices.
(C) Insure that the approved electronic devices be
minimally intrusive upon the privacy of the participant and
other persons residing in the home while remaining in
compliance with subsections (B) through (D) of Section
5-8A-4.
(Source: P.A. 86-1281; 87-860; 87-890.)